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ELECTION  LAWS 

OF  INDIANA 


With  Instructions  to  Voters  and 
Election  Officers 


ISSUED  UNDER  THE  AUTHORITY  OF  THE 

State  Board  of  Election  Commissioners 


COMPILED  BY 
WILLIAM  W.  SPENCER 

AND 
MAURICE  E.  TENNANT 

Of  the  Indianapolis  Bar,  tndl 
ULYSSES  S.  LESH 

Attorney-General  of  the  State  of  Indiana 


INDIANAPOLIS 

1922 


ELECTION  LAWS 

OF  INDIANA 


With  Instructions  to  Voters  and 
Election  Officers 


ISSUED  UNDER  THE  AUTHORITY  OF  THE 

State  Board  of  Election  Commissioners 

WARREN  T.  McCRAY 

Governor 

WILLIAM  W.  SPENCER 

Democratic  Election  Commissioner 

MAURICE  E.  TENNANT 
Republican  Election  Commissioner 


COMPILED  BY 


WILLIAM  W.  SPENCER 

AND 

MAURICE  E.  TENNANT 

Of  the  Indianapolis  Bar,  and 

ULYSSES  S.  LESH 

Attorney-General  of  the  State  of  Indiana 


INDIANAPOLIS : 

WM.  B.  BUBFORD,  CONTRACTOR  FOR  STATE  PRINTING  AND  BINDING 

1922 


i,^ 


•        •  • 


Indianapolis,  Ind.,  September  1,  1922. 
To  the  Honorable  Warren  T.  McCray, 
Governor  of  the  State  of  Indiana: 
The  undersigned,  appointed  by  you  to  construe  and  revise  the  Election 
Laws  of  the  State  of  Indiana,  beg  leave  to  report  that  we  have  completed 
our  work  and  hereby  submit  the  same  to  you  for  your  approval. 

WILLIAM  W.  SPENCER, 
MAURICE  E.  TENNANT, 
ULYSSES  S.  LESH, 

Attorney-General. 


Received  by  the  Governor  of  the  State  of  Indiana,  ex-officio  President 
of  the  State  Board  of  Election  Commissioners,  on  this  1st  day  of  Septem- 
ber, 1922,  and  approved  by  the  said  board  this  1st  day  of  September,  1922. 

WARREN    T.   McCRAY, 

Governor. 
WILLIAM  W.  SPENCER, 
MAURICE  E.  TENNANT, 
State  Board  of  Election  Commissioners. 
GEORGE  H.  HEALEY, 

Secretary. 


We  hereby  concur  in  and  agree  to  abide  by  the  printed  revision  of  the 
Election  Laws  of  the  State  of  Indiana,  with  the  interpretation  thereof, 
above  reported,  this  the day  of ,  1922. 

LAWRENCE  E.  LYONS, 
Chairman  of  the  Republican  State  Central  Committee. 
WALTER  S.  CHAMBERS, 
Chairman  of  the  Democratic  State  Central  Committee. 


Rfll44076 

(3) 


INSTRUCTIONS 

TO 


Voters  and  Election  Officers 


WHERE  ELECTIONS  MUST  BE  HELD. 

An  election  must  be  held  at  the  place  designated  by  the  Board  of 
County  Commissioners,  unless,  from  absolutely  unavoidable  circumstances, 
it  can  not  be  done.  If  it  can  not  be  held  at  the  place  so  designated, 
the  Election  Board  should  meet  at,  or  as  nearly  as  possible,  the  place  so 
designated  and  there  organize  as  a  Board,  and  then  adjourn  to  a  place 
available  and  nearest  to  the  one  so  designated,  not,  however,  outside  of 
the  precinct.  In  such  an  instance  care  should  be  taken  to  see  that  no 
voter  loses  his  vote  by  not  finding  the  new  voting  place;  and,  if  necessary, 
some  person  should  be  stationed  at  the  place  so  designated  by  the  Board 
of  County  Commissioners  to  notify  the  voters  of  the  change  and  where 
the  actual  voting  place  is  situated. 

PRECINCT  BOUNDARIES. 

The  Board  of  Commissioners  of  the  county  fix  the  precinct  boundaries 
at  their  March  session,  preceding  a  general  election  to  be  held  on  the  first 
Tuesday  after  the  first  Monday  in  November,  and  gives  notice  not  later 
than  ten  days  thereafter,  by  one  publication  in  two  newspapers  repre- 
senting the  two  political  parties  that  cast  the  highest  and  next  highest 
number  of  votes  in  the  State  at  the  last  general  election,  and  by  posters 
put  up  in  four  of  the  most  public  places  in  each  precinct. 

DESIGNATION  OF  VOTING  PLACES. 

In  any  township  in  which  there  is  only  one  precinct  and  in  which 
there  are  one  or  more  incorporated  towns,  the  Board  of  County  Commis- 
sioners shall  designate  the  polling  place  at  some  convenient  place  in  that 
incorporated  town  in  the  township  which  had  the  largest  population, 
according  to  the  last  preceding  United  States  census. 

BALLOT  BOXES. 

The  Board  of  County  Commissioners  of  each  county  must  provide,  at 
the  expense  of  the  county,  three  ballot  boxes — one  painted  red,  for  the 
reception  of  the  State  ballots;  one  painted  white,  for  the  reception  of  the 
local  ballots  (Sec.  119),  one  painted  yellow,  for  the  reception  of  the  town- 

(5) 


ship  ballots  (Sec.  233).  The  Board  of  County  Commissioners  must  deliver 
all  the  ballot  boxes  and  all  the  election  paraphernalia,  at  the  places  where 
the  election  is  to  be  held,  prior  to  the  day  of  the  election,  except  the  bal- 
lots and  other  supplies  furnished  by  the  auditor  and  clerk. 

CHUTES. 

The  chute  should  be  so  constructed  that  it  will  not  obstruct  passage 
along  the  highway  or  street.  Persons  within  fifty  feet  for  manifestly 
lawful  and  necessary  purposes  should  not  be  molested.  This  is  also  true 
of  persons  passing  within  that  distance  of  the  chute.    (Sees.  160  and  161.) 

PASTER  BALLOTS. 

The  law  permits  the  use  of  complete  pasters,  by  which  is  meant  a 
complete  ticket  pasted  on  the  ballot  by  the  voter,  without  the  knowledge 
of  the  Election  Board.  If  such  a  ballot  be  found  in  the  box,  the  Election 
Board  must  carefully  examine  the  law,  and  if  it  does  not  comply  with  its 
provisions,  it  is  void  and  should  not  be  counted.     (Sec.  166.) 

WATCHERS. 

Each  of  the  four  political  parties  that  cast  the  largest  vote  at  the 
last  State  election,  and  which  has  a  place  on  any  of  the  official  ballots,  is 
entitled  to  one  watcher  at  each  precinct,  at  the  canvass  of  the  vote.  Each 
watcher  must  present  to  the  election  board,  before  he  enters  the  election 
room,  credentials  signed  by  the  township  or  county  chairman  of  the  party 
which  he  represents  showing  him  to  be  the  duly  authorized  watcher  for 
his  party.  The  only  parties  entitled  to  have  watchers  at  the  count  are  the 
Democratic,  Republican,  Farmer-Labor  and  Socialist  parties.  No  person 
other  than  the  Inspector,  Judges,  Poll  Clerks,  Election  Sheriffs  and 
Watchers  can  be  permitted  in  the  election  room  during  the  canvass  of  the 
votes  (Sec.  173).   No  watchers  can  be  present  during  the  voting. 

SAMPLE  BALLOTS. 

The  sample  State  and  local  poster  ballots  should  be  printed  in  large 
type,  each  on  a  sheet  of  paper  about  25  by  38  inches  in  size. 

The  sample  state  ballots  will  be  prepared  and  furnished  by  the  State 
Board  of  Election  Commissioners,  and  three  will  be  enclosed  in  each 
package  of  State  ballots.  They  will  be  printed  on  yellow  paper,  and  will 
have  thereon  the  words,  "Sample  Ballot.  Genuine  State  Ballot  is  on  red 
paper." 

The  sample  Local  Ballot  should  be  prepared  by  the  County  Board  of 
Election  Commissioners,  and  three  enclosed  in  each  package  of  local 
ballots.  They  should  be  printed  on  blue  paper,  and  have  thereon  the 
words,  "Sample  Ballot.    Genuine^Local  Ballot  is  on  white  paper." 

The  sample  Township  Ballot  should  be  prepared  by  the  County  Board 
of  Election  Commissioners,  and  three  enclosed  in  the  package  of  township 
ballots  for  each  precinct  of  the  township  for  which  the  sample  ticket  is 


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printed.  They  should  be  printed  on  brown  paper,  and  have  thereon  the 
words,  "Sample  Ballot.  Genuine  Township  Ballot  is  on  yellow  paper." 
(Sec.  154.) 

If  deemed  desirable  by  committees  of  political  parties,  or  by  candi- 
dates, for  the  purpose  of  instructing  voters,  sample  ballots,  conforming 
to  the  description  given  above,  may  be  printed,  of  any  size,  on  blue,  brown 
and  green  paper,  respectively,  and  posted  up  or  circulated  by  them  at  any 
time  during  the  political  canvass. 

CANDIDATES  FOR  COUNTY  COUNCIL. 

The  County  Board  of  Election  Commissioners  must  print  on  local 
(county)  ballots  for  the  several  precincts  of  each  councilmanic  district, 
the  names  of  the  candidates  for  councilmen-at-large,  and  also  the  names 
of  the  candidates  for  county  councilmen  for  that  district. 

POSTING  DIRECTIONS. 

The  Inspector  and  the  other  election  officers  should  be  at  the  polling 
place  early  enough  before  6  a.  m.  to  enable  them  to  post  up  the  cards  of 
instructions  and  sample  ballots,  and  erect  the  chute  and  have  everything 
arranged  so  that  the  polls  can  be  opened  promptly  at  6  o'clock. 

One  of  each  kind  of  instruction  cards  must  be  posted  in  each  election 
booth;  and  also  one  of  each  kind  at  the  outer  end  of  the  chute.  Not  less 
than  three  of  each  kind  of  instruction  cards  and  not  less  than  three  of 
each  kind  of  sample  ballots  must  be  posted  about  the  polls  beyond  the 
fifty-foot  limit.     (Sec.  148.) 

INSPECTOR. 

Election  Inspectors  are  appointed  by  the  Board  of  Commissioners  of 
the  county  at  their  September  session  preceding  the  general  election. 

An  Inspector  must  have  been  a  freeholder  and  a  resident  house- 
holder of  his  precinct  for  one  year,  or  a  resident  householder  for  two 
years  immediately  preceding  the  day  of  election.  If  no  person  qualified 
to  act  will  consent  to  serve  as  Inspector,  or  if  there  be  no  person  residing 
in  the  precinct  qualified  to  act  as  Inspector  by  reason  of  the  fact  that  he 
has  not  been  a  resident  householder  within  the  precinct  for  two  years,  or 
a  freeholder  and  householder  for  the  year  next  preceding  the  election, 
then  any  qualified  voter  of  the  precinct  may  be  appointed.  (Sees.  109, 
110  and  117.) 

An  Inspector  must  not  have  anything  bet  or  wagered  on  the  election, 
nor  be  a  father,  father-in-law,  son,  son-in-law,  grandfather,  grandson, 
brother,  brother-in-law^  uncle,  nephew,  or  first  or  second  cousin  of  any 
candidate  at  the  election. 

Not  more  than  three  nor  less  than  two  days  before  the  day  of  elec- 
tion, the  Inspector,  or  the  Judge  authorized  by  him,  must  call  at  the 
County  Clerk's  office  and  get  the  ballots  for  his  precinct.  (Sees.  153,  156, 
157.)  Before  going  he  should  inform  himself,  if  he  can,  if  the  num- 
ber of  voters  in  his  precinct  has  increased  fifty  per  cent  since  the  last 


8 

presidential  election.  He  will  receive  ten  ballots  for  each  five  voters  in 
his  precinct — ten  local  (county)  and  ten  township  ballots — each  kind  of 
which  must  be  counted,  wrapped  in  separate  packages  and  sealed  in  his 
presence.  He  will  also  receive  a  sealed  package  containing  the  State 
ballots,  for  his  precinct,  three  blue  pencils,  the  cards  provided  by  the 
County  Board  of  Election  Commissioners  with  printed  instructions  for 
voters,  and  three  sample  ballots  of  each  kind  of  ballots.  All  these  he  must 
carefully  guard  and  preserve.  (Sees.  150,  151.)  If,  by  accident,  they  be 
lost  or  destroyed,  he  must  report  at  once  to  the  County  Board  of  Election 
Commissioners,  at  the  County  Clerk's  office,  and  obtain  a  new  supply. 
(Sec.  157.) 

At  the  time  election  supplies  are  received  by  the  Inspector,  he  shall 
also  receive  from  the  Auditor  the  registration  books,  applications  and 
affidavits  returned  by  the  Registration  Board.  These  he  shall  have  present 
at  the  election  precinct  on  the  day  of  the  election,  and  within  three  days 
thereafter  he  shall  return  them  to  the  Auditor.     (Sec.  46.) 

The  Inspector  acts  as  Chairman  of  his  Election  Board,  and  must  an- 
nounce the  opening  and  closing  of  the  polls.  His  duties  as  a  member  of 
such  board  are  set  forth  hereinafter  under  the  head  of  "Election  Board." 

APPOINTING  JUDGES. 

Before  opening  the  polls  the  Inspector  must  appoint  two  Judges,  one 
from  the  Republican  and  the  other  from  the  Democratic  party.  (Sec. 
110.)  The  Chairman  of  the  Republican  and  Democratic  County  Com- 
mittees have  the  right  to  name  these  Judges,  but  must  do  so  at  least  one 
week  before  the  election.  (Sec.  107.)  If  a  member  of  the  Election  Board 
fail  to  appear  at  the  hour  for  opening  the  polls,  the  remainder  of  the 
Board  must  select  a  member  from  his  political  party  to  serve  in  his  stead. 
The  qualified  voters  of  his  party  present  at  the  polls  may  nominate  a 
qualified  person  for  the  vacancy,  and  he  must  be  appointed.  If  no  member 
of  the  Election  Board  appear  at  the  hour  appointed  for  opening  the  polls, 
the  qualified  voters  present  must  elect  a  Board  viva  voce  as  nearly  as 
possible  in  conformity  with  the  requirements  above  stated.     (Sec.  110.) 

ELECTION  JUDGES. 

Election  Judges  have  no  duties  except  as  members  of  the  Election 
Board.  They  must  be  qualified  voters  of  the  precinct  and  have  been  free- 
holders and  resident  householders  therein  for  at  least  one  year,  or  house- 
holders for  at  least  two  years  next  preceding  the  day  of  election,  and  be 
members  of  different  political  parties  and  of  the  parties  which  cast  the 
highest  number  of  votes  in  the  State  at  the  last  State  election.  If  no 
persons  who  are  qualified  will  consent  to  serve  as  such  Judges,  or  if  there 
are  no  persons  residing  in  the  precinct  qualified  to  act  as  Judges  by  reason 
of  the  fact  that  they  have  not  been  resident  householders  within  the  pre- 
cinct for  two  years,  then,  in  that  case,  any  two  electors  of  the  precinct 
may  be  appointed  as  such  Judges.     (Sec.  109.) 


PREPARATION  BEFORE  ELECTION  DAY. 

There  are  two  methods  of  voting,  by  voting  machine  and  by  paper 
ballots. 

The  township  trustee  should  make  arrangements  for  meals  for  the 
following  election  officers,  to-wit: 

Inspector,  Judges,  Clerks  and  Sheriffs  and  no  others.  These  meals 
should  be  brought  to  the  election  room,  at  the  usual  hours  for  meals  dur- 
ing the  day  and  until  the  count  is  closed,  beginning  with  breakfast,  which 
should  be  served  at  seven  o'clock  a.m.  (Sec.  104.)  The  price  for  meals 
should  not  exceed  seventy-five  cents  per  meal.  The  township  trustee  may 
delegate  to  the  Inspector  the  matter  of  procuring  the  meals. 

The  Inspector  should  see  that  the  election  room  is  supplied  with  the 
necessary  chairs,  tables,  light  and  fuel,  and  made  comfortable. 

The  Inspector  must  go  to  the  County  Clerk's  office  not  more  than 
three  days  nor  less  than  two  days  before  election  day  and  there  receive 
the  election  supplies  for  his  precinct.     (Sec.  117.) 

An  Inspector  failing  to  so  appear  at  the  clerk's  office  as  above  re- 
quired forfeits  his  compensation  for  serving. 

The  Inspector  must  qualify  by  taking  his  oath  of  office  and  get  his 
voting  machine  keys  and  the  registration  records  at  the  County  Auditor's 
office  not  later  than  Monday,  the  day  before  election. 

The  voting  machine,  together  with  all  necessary  furniture  and  appli- 
ances, will  be  delivered  at  the  voting  room  not  later  than  6  p.  m.  of  Mon- 
day, the  day  before  election.     (Sec.  117.) 

After  the  delivery  of  such  machine  the  Inspector  and  election  judges 
should  meet  at  the  election  room  on  Monday  evening,  open  the  packages 
containing  sample  ballots,  the  ballot  labels,  and  see  that  the  voting  ma- 
chine is  correctly  labeled,  set  and  adjusted,  and  ready  for  use  in  voting. 
If  it  is  properly  labeled,  adjusted,  and  set  ready  for  voting,  the  machine 
must  not  be  disturbed,  but  if  not  they  must  at  once  cause  it  to  be  put  in 
order  ready  for  voting.     (Sec.  117.) 

If  the  machine  is  not  in  proper  order,  immediately  call  up  by  tele- 
phone the  County  Clerk's  office. 

The  Inspector,  before  the  day  of  election,  should  learn  how  to  operate, 
open  and  close  the  voting  machine. 

ELECTION  DAY. 

On  the  morning  of  election  the  entire  Election  Board,  including  In- 
spector, Judges,  Clerks  and  Sheriffs,  shall  meet  at  election  room  at  least 
one  hour  before  time  for  opening  polls — 5  a.m.     (Sec.  117.) 

The  election  officers  who  have  not  already  been  sworn  in  should  be 
sworn  in.  If  any  election  officer  is  not  present  at  the  time  for  the  opening 
of  the  polls,  then  the  Board  of  Election  fills  the  vacancy  by  appointing 
a  legal  voter  of  the  precinct  that  belongs  to  the  same  political  party  that 
the  absent  election  officer  does;  the  members  of  such  party  present  at  the 
polls  can  recommend  the  party  for  appointment.    (Sees.  116,  117-122.) 

The  Inspector  shall  then  cause  the  chute  ropes  to  be  erected  outside. 
Post  sample  ballots  and  instruction  cards,  fix  the  booths,  and  put  every- 


10 

thing  in  readiness  to  commence  voting  at  the  hour  of  opening  the  polls 

—6  a.  m.     (Sees.  117,  129  and  153.) 

The  chute  should  be  so  constructed  that  it  will  not  obstruct  passage 
along  the  highway  or  street.  Persons  within  fifty  feet  for  manifestly 
lawful  and  necessary  purposes  should  not  be  molested.  This  is  also  true 
of  persons  passing  within  that  distance  of  the  chute. 

One  of  each  kind  of  cards  must  be  posted  in  each  election  booth; 
and  also  one  of  each  kind  at  the  outer  end  of  the  chute.  Not  less  than 
three  of  each  kind  of  cards  and  not  less  than  three  of  each  kind  of  sam- 
ple ballots  must  be  posted  about  the  polls  beyond  the  fifty-foot  limit. 
(Sec.  133.) 

Where  voting  machines  are  used  the  entire  Election  Board,  in  the 
presence  of  the  clerks,  just  before  the  voting  commences,  must  again 
examine  the  machine.  See  that  the  ballot  labels  are  correct,  and  that  all 
counters  are  set  at  zero  (000000)  and  the  machine  in  perfect  order,  and 
the  sample  voting  machine  ballots  posted.     (Sec.  21.) 

The  machine  is  examined  both  on  the  evening  before  the  election,  and 
on  the  morning  of  the  election  by  first  examining  the  face  of  the  machine, 
then  by  looking  into  the  back  of  the  machine  through  the  glass  door  or 
case.  The  zero  marks  are  painted  "red,"  and  the  board  must  see  that  all 
so  show.    (Sec.  133.) 

All  counters  must  be  set  at  zero  except  the  protective  counter  on  the 
end  of  the  machine.  After  the  Inspector  has  found  the  machine  to  be  in 
perfect  order,  he  will  lock  the  case  of  the  machine,  give  key  No.  1  to  the 
judge  of  opposite  politics  to  him  and  retain  the  other  keys  to  himself. 
Then  have  the  number  of  the  machine,  the  number  of  the  protective 
counter  register  entered  of  record  in  the  poll  books,  and  the  public  counter 
and  the  counters  of  the  candidates  on  the  back  of  the  machine,  set  at  zero". 
Thereafter  the  machine  can  only  be  operated  or  moved  by  electors  in 
voting.     (Sec.  133.) 

There  should  be  a  railing  between  the  Election  Board  and  the  voting 
machine,  and  the  machine  so  placed  that  all  parts  of  the  room  and  the 
exterior  of  the  machine  shall  be  in  plain  view  of  the  board,  and  so  that 
no  person  outside  of  the  railing  or  outside  of  the  room  can  see  or  deter- 
mine how  the  voter  casts  his  vote.     (Sec.  133.) 

After  opening  the  polls,  no  person  shall  be  allowed  behind  the  railing 
or  in  that  part  of  the  room  where  the  machine  is  situated,  except  the 
voter,  and  only  while  casting  his  vote.  He  must  not  remain  at  the  ma- 
chine longer  than  one  minute,  and  after  one  minute,  if  he  refuses  to 
depart,  he  shall  at  once  be  removed  by  the  Sheriff  upon  order  of  the  board. 
Provided:  If  a  voter  makes  affidavit  that  he  is  unable  to  read  the  English 
language,  or  is  physically  disabled  so  that  he  can  not  register  his  vote 
on  the  machine,  he  shall  be  accompanied  by  both  clerks,  who,  in  his  pres- 
ence and  in  the  presence  of  each  other,  shall  register  the  vote  as  declared 
by  the  voter.  Under  no  other  circumstances  shall  any  officer  or  person 
go  behind  the  railing  or  to  the  machine  with  any  voter.  One  other  voter 
may  be  permitted  to  be  in  the  election  room  while  a  voter  is  voting,  but 
he  must  remain  outside  of  the  railing  until  the  voter  casting  his  vote  has 
come  from  behind  the  railing.     (Sec.  133.) 


11 

The  election  officers  shall  not  themselves,  nor  shall  they  permit  any 
person  to  remain  in  any  position  that  would  permit  him  to  see  or  ascer- 
tain how  the  voter  has  voted.     (Sec.  159.) 

The  Inspector  should  operate  the  release  knob  from  without  the  rail- 
ing by  means  of  a  rope  or  cord.  He  should  not  operate  the  release  knob 
by  standing  by  the  machine,  for  such  a  position  would  permit  him  to 
ascertain  how  some  voter  has  voted,  especially  voters  assisted  by  the 
clerks. 

Of  course  the  election  officers  have  a  right  to  and  should,  when  they 
think  necessary,  examine  the  front  of  the  machine  from  time  to  time, 
when  no  voter  is  registering  his  vote,  and  see  that  it  is  all  right.  When 
the  voter  has  passed  the  challengers  and  entered  the  election  room,  he 
shall  announce  his  name  to  the  clerks,  who  shall  register  his  name  in  the 
poll  books.  If  not  challenged  by  a  member  of  the  board,  the  voter  shall 
be  permitted  to  pass  the  railing  and  go  to  the  machine,  and  there  register 
his  vote;  having  done  so,  he  shall  immediately  pass  out  and  announce  to 
the  clerks  that  he  has  voted,  who  shall  write  opposite  his  name  "Voted." 
If  the  voter  is  voting  by  printed  ballots  and  has  been  given  a  ballot  by 
the  clerk,  he  or  she  takes  the  ballot  into  one  of  the  booths  and  marks  it, 
and  then  folds  it  so  that  the  initials  of  the  poll  clerks  will  show,  but  does 
not  show  how  the  ticket  is  marked,  then  takes  it  and  hands  it  to  the 
Inspector,  who  puts  it  in  the  ballot  box  and  announces  that  the  voter  has 
voted,  and  the  clerks  then  write  opposite  the  name  of  the  voter  the  word 
"Voted,"  and  the  voter  passes  out.     (Sec.  160.) 

ELECTION  BOARDS. 

The  Election  Board  is  composed  of  the  Inspector  and  the  two  judges 
representing  the  two  leading  political  parties.  No  person  except  these 
three  have  any  voice  in  determining  any  question  arising  for  the  board's 
decision.     (Sec.  108.) 

The  Chairman  of  the  Republican  party  and  the  Chairman  of  the 
Democratic  party  are  each  entitled  to  name  one  judge,  one  clerk,  one 
assistant  clerk,  if  more  than  two  clerks  are  appointed  (Sec.  109),  and  one 
Sheriff. 

The  judge  must  be  named  one  week  (Sec.  108),  the  Sheriff  five  days 
(Sec.  130),  and  the  clerks  four  days  before  the  election  day.  (Sec.  110.) 
The  Sheriffs  should  go  to  the  county  Sheriffs'  office  before  the  day  of  elec- 
tion and  be  sworn  in.  The  judges  and  clerks  are  sworn  in  on  the  morning 
of  the  election  before  the  polls  are  open,  and  if  the  Inspector  and  Sheriff 
have  not  been  sworn  in  before  that  day,  they  must  be  sworn  in  before  the 
polls  open  on  the  morning  of  the  election.  If  no  member  of  the  board 
has  been  sworn  in,  the  Inspector  shall  administer  the  oath  to  the  judges, 
and  one  of  the  judges  shall  then  administer  the  oath  to  the  Inspector. 
(Sec.  115.)  The  blank  oaths  for  the  election  officers  to  fill  out  and  sign  are 
in  the  election  supplies. 

Nomination  of  Poll  Clerks. 

The  first  duty  of  an  Election  Board  is  the  appointment  of  Poll  Clerks, 
who  must  be  qualified  electors  of  the  precinct  and  representatives  of  the 


12 

two  leading  parties.    If  nominations  have  been  made  by  the  Chairman 
of  these  two  parties,  such  nominees  must  be  appointed.     (Sec.  109.) 

Oath  of  Office. 

The  next  duty  is  taking  the  oath  of  office  in  accordance  with  Sections 
115  and  116.  The  law  requires  the  Inspector  and  judges  to  be  qualified 
on  the  morning  of  the  election.  If  no  person  is  present  at  the  polling 
place  authorized  to  administer  oaths,  the  Inspector  administers  the  oath 
to  the  two  judges  and  then  one  of  the  judges  administers  the  oath  to  the 
Inspector.  The  Inspector  administers  the  oath  to  the  Polling  Clerks.  ( Sec. 
117.)  The  Inspector  then  reads  to  the  judges  Sections  57  and  58  of  the 
election  law,  and  each  member  of  the  Election  Board  then  takes  an  oath 
as  provided  in  said  sections.     (Sees.  179,  180  and  181.) 

Providing  Ballots  and  Furniture. 

In  case,  for  any  reason,  the  ballots  or  any  necessary  furniture  for  the 
election  be  not  on  hand  at  the  opening  of  the  polls,  the  board  must  supply 
them  as  speedily  as  possible.  Ballots  should  be  obtained  from  the  person 
who  was  entrusted  to  bring  them  to  the  polling  places,  if  possible;  if  not, 
then  at  the  County  Clerk's  office;  and  if  that  be  impracticable,  the  board 
must  have  them  printed.     (Sec.  159.) 

Opening  Ballot  Packages. 

After  the  organization  of  the  board  the  ballot  packages  must  be 
opened  by  the  Inspector  in  the  presence  of  the  board  without  breaking  the 
seals,  in  other  words,  cut  the  strings  and  leave  the  seals  on  them.  (Sec. 
154.)  The  seals  must  be  preserved  and  returned  with  the  protested,  dis- 
puted, defective  and  uncounted  ballots.  (Sec.  174.)  The  Inspector  then 
delivers  twenty-five  of  each  of  the  different  kinds  of  ballots  to  the  Poll 
Clerk  of  the  party  opposing  his  own,  and  the  pencils  to  the  other  clerk, 
who  has  charge  of  the  same.  As  soon  as  a  ballot  has  been  delivered  by 
the  Poll  Clerk  to  a  voter  the  Inspector  must  deliver  another  ballot  to  the 
Poll  Clerks,  who  must  at  once  sign  it  with  their  initials  and  place  it  at 
the  bottom  of  those  already  signed,  so  that  at  all  times  the  Poll  Clerk 
shall  have  twenty-five  of  each  of  the  different  kinds  of  ballots  before  him. 
(Sec.  153.) 

Ballot  Boxes. 

The  ballot  boxes  must  be  opened,  examined  and  then  closed  and  locked 
before  announcing  that  the  polls  are  open.  One  key  must  be  retained  by 
the  Inspector  and  the  other  key  given  to  the  judge  of  the  opposite  politics 
of  the  Inspector.     (Sees.  119  and  120.) 

Opening  the  Polls. 

When  these  duties  have  been  performed  and  the  Poll  Clerks  have 
marked  their  initials  on  the  lower  left-hand  corner  of  the  back  of  twenty- 
five  of  each  of  the  different  kinds  of  ballots,  the  Inspector  must  then 
announce  that  the  polls  are  open.  No  ballot  can  be  received  before  this 
announcement  is  made.     (Sec.  121.) 


13 

Polls  Open  at  6  a.  m.  Sharp. 

The  failure  of  the  Poll  Clerks  to  have  their  initials  marked  on  the 
full  number  of  twenty-five  ballots  shall  not  delay  the  opening  of  the  polls. 
The  law  says  the  election  shall  be  opened  at  6  o'clock  a.m.  (Sec.  121), 
and  this  provision  is  mandatory.  As  soon  as  the  clerks  have  any  ballots 
at  all  marked  properly  with  their  initials,  the  polls  shall  be  opened,  and 
the  full  quota  of  twenty-five  ballots  shall  be  marked  ahead  as  quickly  as 
possible  without  delaying  the  vote. 

Polls  Open  Continuously. 

The  polls  must  be  kept  open  continuously  from  6  a.  m.  to  6  p.  m., 
unless  after  4  p.  m.,  when  there  has  been  no  vote  tendered  for  fifteen 
minutes,  the  board  may,  by  unanimous  consent  of  all  its  members,  close 
the  polls.  (Sec.  121.)  After  the  polls  open  at  an  election,  the  board  can 
not  adjourn  temporarily,  nor  take  any  recess,  until  the  polls  have  been 
regularly  closed,  all  the  votes  counted,  the  returns  made  out  and  the  result 
publicly  announced.  The  meals  should  be  served  the  board  in  the  election 
room,  and  the  polls  kept  open  so  that  no  delay  shall  be  had  in  voting. 
(Sec.  199.) 

Interpreter. 

If  any  member  of  the  board  request  it,  an  interpreter  may  be  called 
to  aid  in  instructing  a  voter,  but  the  interpreter  has  no  right  to  mark 
the  ticket  or  see  it  marked.     (Sec.  168.) 

Balloting. 

The  board  has  general  supervision  of  the  balloting  and  should  not 
permit  any  violation  of  the  law  in  its  presence  without  the  immediate 
arrest  of  the  offender.  No  ballot  may  be  put  in  the  box  by  the  Inspector 
if  the  manner  in  which  it  has  been  marked  has  been  shown  to  any  person, 
or  if  it  has  been  mutilated,  or  defaced,  or  any  distinguishing  mark  put 
on  it,  or  if  the  initials  of  the  Poll  Clerks  do  not  appear  on  it.    (Sec.  164.) 

Closing  Polls. 

No  voter  can  enter  the  election  room  after  the  polls  are  closed,  but 
any  voter  in  the  room  at  the  time  of  closing  may  tender  his  vote  and  it 
must  be  received.  The  Inspector  must  make  proclamation  of  the  closing 
of  the  polls,  and  a  minute  of  the  time  must  be  entered  by  the  Poll  Clerks 
on  the  tally  papers.    (Sec.  121.) 

POLL  CLERKS. 

Poll  Clerks  and  additional  Poll  Clerks  must  be  qualified  voters  of  the 
precinct  and  taken  from  the  two  leading  parties.  They  may  be  nominated 
by  the  respective  county  committees  four  days  prior  to  the  election.  (Sec. 
110.)  But  if  not,  they  must  be  selected  and  appointed  by  the  Board  of 
Election,  one  from  each  of  the  two  leading  parties.     (Sec.  110.) 

Oath  of  Office. 

The  first  duty  of  the  Poll  Clerks  is  to  take  the  oath  of  office.  (Sec. 
115.) 


14 

Pasters. 

On  receiving  ballots  from  the  Inspectors  the  Poll  Clerks  must  place 
all  necessary  pasters  on  them  in  their  proper  places,* when  a  candidate 
has  been  properly  named  to  fill  a  vacancy  occasioned  by  the  death,  re- 
moval or  resignation  of  any  candidate  after  the  tickets  have  been  printed. 
(Sec.  166.) 

Initials. 

The  Poll  Clerks  must  place  their  initials  in  their  ordinary  handwrit- 
ing, in  ink,  on  the  lower  left-hand  comer  of  the  back  of  each  ballot  imme- 
diately upon  receiving  the  ballot  from  the  Inspector.  (Sec.  153.)  This 
must  be  done  without  any  distinguishing  marks.  Twenty-five  ballots  of 
each  kind  must  be  kept  ready  for  delivery  to  the  voters,  and  the  one  first 
signed  must  be  delivered  first.  (Sec.  153.)  Placing  a  mark  on  a  ballot 
by  which  it  may  afterward  be  known  is  a  penal  offense.  (Sees.  170  and 
179.) 

The  Voter  and  Poll  Clerks. 

On  entering  the  election  room  the  voter  announces  his  name  to  the 
Poll  Clerks.  The  board  shall  cause  the  registration  books  for  such  pre- 
cinct to  be  examined,  and  if  the  voter  is  properly  registered  the  Poll 
Clerks  shall  at  once  enter  his  name  upon  their  register.  Then  they  fur- 
nish him  with  one  of  each  kind  of  ballots  and  a  blue  pencil,  and  on  request 
explain  to  him  the  manner  of  voting.  This  explanation  must  be  made  in 
the  presence  of  the  whole  board.  If  deemed  necessary  by  any  member  of 
the  board  an  interpreter  may  be  called.  (Sec.  168.)  The  voter,  after 
marking  and  properly  folding  his  ballots  in  the  booth,  must  return  the 
pencil  to  the  Poll  Clerk  from  whom  he  received  it  and  deliver  the  ballots 
to  the  Inspector.  In  no  event  can  he  be. allowed  to  remain  in  the  booth 
more  than  three  minutes.  When  his  ballot  is  deposited  in  the  ballot  box 
the  Poll  Clerks  must  write  the  word  "voted"  after  his  name  on  the  poll 
lists.  (Sec.  168.)  If  the  elector  make  an  affidavit  that,  on  account  of 
physical  disability  or  inability  to  read  English,  he  can  not  mark  his  ballot, 
the  Poll  Clerks  must  do  so  for  him  in  the  presence  of  each  other  and  in 
his  presence,  and,  on  request,  must  read  over  to  him  the  names  of  the  can- 
didates as  marked.  It  is  a  felony  for  a  Poll  Clerk  to  deceive  any  elector 
in  selecting  or  marking  his  ballot.  (Sec.  179.)  If  the  voter  accidentally 
or  by  mistake  spoil,  mutilate  or  deface  his  ballot,  the  Poll  Clerks  must 
give  him  another  and  have  him  destroy  the  first  in  the  presence  of  the 
board,  and  they  must  make  a  minute  of  the  facts  on  the  poll  lists  at  the 
time.  (Sec.  172.)  If  the  voter  discloses  how  he  has  marked  his  ballot  it 
must  be  rejected,  and  the  Poll  Clerks  must  make  a  minute  of  that  fact 
on  the  poll  lists.     (Sec.  183.) 

ELECTION  SHERIFFS. 

The  Sheriff  must  appoint  two  special  deputies  as  Election  Sheriffs  for 
each  precinct;  one  from  each  of  the  two  leading  political  parties.  The 
Chairman  of  each  of  such  political  parties  may,  five  days  prior  to  the  elec- 
tion, designate  an  Election  Sheriff  for  each  precinct,  and  if  the  person  so 


15 

appointed  fall  to  appear  the  member  or  members  of  the  Election  Board 
of  his  political  party  must  appoint  a  person  to  act  in  his  place.  (Sec. 
156.) 

Attendance. 

The  Election  Sheriffs  must  be  at  the  polls  when  they  open  and  remain 
until  the  count  is  concluded.  (Sec.  130.)  During  the  canvass  of  the  vote 
the  Sheriffs  should  remain  in  the  election  room  with  the  Election  Board. 
They  may  go  in  and  out  of  the  election  room,  when  they  wish,  or  as  the 
occasion  may  require. 

Arrest. 

They  must  make  arrests  on  the  demand  of  any  member  of  the  board 
(Sec.  130),  and  also  on  affidavit  made  before  the  Inspector  by  any  quali- 
fied voter  that  any  person  who  has  voted  is  not  a  legal  voter.  Persons 
thus  arrested  by  Election  Sheriffs  should  be  promptly  delivered  by  them 
to  the  nearest  magistrate  or  court,  where  their  cases  may  be  speedily 
heard,  and  if  their  offense  be  bailable,  bond  may  be  given.  (Sec.  155.) 
In  general,  the  Sheriffs  must  follow  the  direction  of  the  Election  Board. 

Voter  and  Sheriffs. 

It  is  the  duty  of  the  Election  Sheriffs  to  see  that  no  more  than  three 
voters  are  permitted  in  the  election  room  at  the  same  time,  and  that  all 
other  persons  are  kept  aw^ay  for  a  distance  of  fifty  feet.  They  should  also 
assist  infirm  or  decrepit  voters  going  through  the  chute  to  and  from  the 
election  room.     (Sec.  130.) 

Challenger. 

The  challenger,  together  with  the  precinct  committeeman  and  the 
poll-book  holder,  should  be  familiar  with  the  names  of  the  voters  of  the 
precinct,  and  whenever  the  name  of  a  voter  is  mentioned  each  should 
know  at  once  whether  or  not  the  person  is  a  legal  voter,  and  if  not  a  legal 
voter,  make  the  challenge.  When  a  challenge  is  once  made,  stand  by  it, 
unless  convinced  that  the  challenge  should  not  have  been  made.  Chal- 
lenge every  voter  who  is  not  registered,  or  if  registered  is  fraudulently 
registered,  or  has  moved  out  of  the  precinct  since  registering. 

The  right  of  any  person  offering  to  vote  may  be  challenged  by  either 
challenger  present,  by  any  member  of  the  Election  Board,  or  by  any  voter 
in  the  precinct.     (Sec.  160.) 

A  legal  voter  is  a  person  over  the  age  of  twenty-one,  who  is  a  citizen 
of  the  United  States,  and  who  has  resided  in  the  State  six  (6)  months, 
township  sixty  (60)  days,  and  in  the  precinct  thirty  (30)  days,  and  has 
legally  registered.     (Sec.  9.) 

The  grounds  of  challenge  are: 

1.  That  the  person  is  not  registered. 

2.  That  the  person  desiring  to  vote  is  not  twenty-one  years  of  age. 

3.  That  the  person  desiring  to  vote  has  not  resided  in  the  State  six 
(6)  months. 

4.  That  the  person  has  not  resided  in  the  township  sixty  (60)  days. 

5.  That  the  person  has  not  resided  in  the  precinct  thirty  (30)  days. 


16 

6.  That  the  person  has  sold  or  offered  to  sell  his  vote. 

7.  That  the  person  has  bought  or  offered  to  buy  votes. 

8.  That  the  person  has  been  disfranchised  by  a  court  of  record. 

9.  That  the  person  is  not  a  citizen  of  the  United  States. 

If  a  person  is  not  entitled  to  vote  he  should  be  challenged.  The  man- 
ner of  making  a  challenge  is  as  follows:  The  challenger  says  "I  challenge 
this  vote."  The  challenger  does  not  have  to  give  the  grounds  of  the  chal- 
lenge except  where  the  ground  of  the  challenge  is  that  the  voter  has  sold 
or  offered  to  sell  his  vote,  or  bought  or  offered  to  buy  votes,  or  that 
the  person  is  not  a  citizen  of  the  United  States.  The  voter,  if  chal- 
lenged, must  make  out  his  or  her  affidavit.  Then  he  or  she  is  entitled  to 
vote  unless  the  challenger  makes  what  is  called  a  counter  affidavit.  There 
are  two  kinds  of  counter  affidavits — one  on  personal  knowledge,  the  other 
on  information  and  belief.  If  the  challenger  has  informed  himself  as  to 
the  right  of  the  voter  to  vote,  he  can  make  the  necessary  counter  chal- 
lenge or  affidavit.  Then  the  challenged  voter  can  not  vote  unless  he  gets 
some  voter  of  the  precinct  who  is  either  a  householder  for  two  years  or  a . 
freeholder  and  householder  for  one  year  of  the  territory  comprising  that 
precinct  to  make  affidavit  that  he  is  a  legal  voter.  The  following  is  an 
exception:  If  the  challenged  voter  makes  an  aff davit  that  there  is  no 
person  of  his  political  party  in  his  precinct  that  possesses  these  qualifica- 
tions, then  any  legal  voter  of  the  precinct  may  make  the  affidavit.  (Sec. 
38.) 

If  a  voter  is  challenged  on  the  ground  of  having  sold  or  offered  to 
sell,  bought  or  offered  to  buy  votes,  then  the  challenged  party  must  make 
his  aff  davit  that  he  has  not,  before  being  permitted  to  vote.     (Sec.  39.) 

The  challenger  should  not  delay  legal  voters,  and  only  challenge  when 
he  knows  that  the  voter  is  not  qualified  to  vote. 

After  the  voter  has  entered  the  room  and  announced  his  or  her  name, 
the  judges  must  first  examine  the  registration  records  and  ascertain 
whether  the  voter  is  legally  registered.  No  one  who  is  not  registered  can 
be  allowed  to  vote.  The  voter  can  not  by  making  an  affidavit  or  in  any 
way  swear  in  his  or  her  vote.  If  any  voter  presents  himself  or  herself 
who  is  not  registered  and  attempts  to  vote,  the  Election  Board  should 
order  the  person  removed  from  the  election  room  by  the  Sheriff.  If  such 
person  does  not  depart  the  election  officers  should  order  him  or  her  to  be 
arrested.     (Sec.  7.) 

The  fact  that  a  man  or  woman  is  registered  does  not,  however,  of 
itself  prove  that  he  or  she  is  entitled  to  vote.  In  addition  to  being  reg- 
istered he  or  she  must  have  all  the  legal  qualifications  of  a  voter,  and 
any  member  of  the  Election  Board  has  the  right,  and  it  is  his  duty  to 
challenge  an  illegal  voter,  although  he  or  she  has  passed  the  challengers 
on  the  outside.  The  grounds  for  challenge  will  be  found  in  this  pamphlet 
under  the  heading  "CHALLENGERS."    (Sees.  160  and  161.) 

The  Election  Board  must  be  especially  careful  to  ascertain  that  the 
person  offering  to  vote  is  in  fact  the  person  he  or  she  claims  to  be.  If 
there  be  a  question  as  to  this,  his  or  her  identity  should  be  established. 
Among  other  things  the  board  may  require  such  person  to  write  his  or 
her  signature  and  compare  the  same  with  the  signature  on  the  regis- 


17 

tration  application.  All  names  must  be  checked  by  the  judge  on  the  reg- 
istration book  as  they  vote  or  are  rejected,  so  as  to  prevent  repeating. 

If  the  voter  is  not  challenged,  the  voter  shall  be  permitted  to  pass 
the  railing  and  enter  the  machine,  and  there  register  his  or  her  vote  in 
secret,  or  if  voting  by  ballot  the  clerk  will  give  him  or  her  the  necessary 
ballots,  and  blue  pencil,  and  after  he  or  she  has  passed  out  and  his  or  her 
vote  is  recorded,  the  clerk  shall  write  opposite  his  or  her  name  the  word 
"VOTED." 

See  that  no  voter  is  permitted  to  vote  more  than  once  while  at  the 
machine,  by  keeping  proper  control  of  cord  to  release  knob.  The  curtains 
will  close  when  the  voter  enters  the  machine,  and  will  open  after  he  or 
she  has  voted,  so  when  the  curtains  open  you  will  know  that  the  voter 
has  voted. 

Absent  Voters'  Ballots  Subject  to  Challenge. 

Before  depositing  any  absent  voters'  ballots  in  the  ballot  box,  the 
election  inspector  shall  notify  the  challengers  or  the  poll-book  holders  of 
his  precinct  that  he  is  about  to  deposit  an  absent  voter's  ballot,  and  such 
ballot  or  ballots  may  be  challenged  for  cause.  In  case  of  challenge  the 
Election  Board  shall  have  all  the  power  and  authority  given  by  law  to 
hear  and  determine  the  legality  of  such  ballot  or  ballots  the  same  as 
though  the  ballot  or  ballots  were  cast  by  the  voter  in  person.     (Sec.  63.) 

INSTRUCTIONS  FOR  VOTING  THE  AUSTRALIAN  BALLOT. 

First.  You  must  get  your  ballot  and  the  blue  pencil  from  the  Polling 
Clerks  in  the  election  room. 

Second.  If  you  desire  to  vote  a  straight  ticket,  make  a  cross,  thus, 
X,  within  the  large  circle  at  the  head  of  the  ticket  containing  the  device 
of  the  party  for  whose  candidates  you  desire  to  vote.  If  you  do  not  desire 
to  vote  a  straight  ticket,  you  must  not  make  a  cross  in  the  large  circle 
containing  the  device  of  a  party,  but  must  make  a  cross,  thus,  X,  on  the 
small  square  to  the  left  of  the  name  of  each  candidate  for  whom  you  de- 
sire to  vote,  on  whatever  list  of  candidates  it  may  be.  If  the  large  circle 
at  the  head  of  the  ticket  is  marked  with  a  cross  or  otherwise  and  the  ballot 
marked  with  a  cross  or  otherwise  at  any  other  place,  it  will  be  void  and 
can  not  be  counted,  unless  there  be  no  candidate  for  some  office  in  the  list 
printed  under  such  marked  device,  in  which  case  you  may  indicate  your 
choice  for  such  office  by  making  a  cross,  thus,  X,  on  the  square  to  the  left 
of  the  name  of  any  candidate  for  such  office  on  any  other  list.  The  cross 
must  be  placed  within  or  on  the  circle  or  square,  or  the  ballot  will  be  void 
and  can  not  be  counted. 

Third.  Do  not  mutilate  your  ballots,  nor  mark  them,  either  by 
scratching  off  a  name  or  writing  one  upon  them,  nor  in  any  other  way 
put  a  mark  upon  them,  except  by  placing  a  cross,  thus,  X,  in  the  circle  or 
on  the  square,  as  above  described.  Otherwise  the  ballot  will  not  be 
counted.  You  must  not  put  any  mark  of  any  kind  upon  your  ballots 
except  in  the  manner  above  described.  You  must  not  remain  in  the  booth 
more  than  three  minutes. 

Fourth.    After  you  have  marked  your  ballots,  and  before  you  leave 

2—22129 


18 

the  election  booth,  fold  them  up  separately  so  that  the  face  or  each  one 
can  not  be  seen,  and  so  the  initial  letters  of  the  names  of  the  Polling 
Clerks  on  the  back  thereof  can  be  seen.  Then  hand  your  ballots  to  the 
Inspector,  the  pencil  to  the  Polling  Clerk,  from  whom  you  received  it,  and 
immediately  leave  the  election  room. 

Fifth.  If  you  are  physically  unable  to  mark  your  ballots,  or  can  not 
read  English,  so  inform  the  Polling  Clerks,  and  make  an  affidavit  to  that 
effect.  They  will  then  go  with  you  into  the  election  booth,  and  you  can 
there  tell  them  how  you  desire  to  vote,  and  they  will  mark  your  ballot  for 
you.  Neither  you  nor  the  Polling  Clerks  must  permit  any  other  person 
to  hear  or  see  how  your  ballot  is  marked.  It  is  a  penal  offense  to  declare 
you  can  not  read  English,  or  can  not  mark  your  ballot,  if  in  fact  you  can. 

[In  no  case  can  the  ballots  be  marked  by  the  Polling  Clerks  if  the  voter  can  read 
the  English  language  and  is  physically  able  to  mark  his  ballot.  Nor  can  they  mark  it 
until  the  voter  has  made  the  proper  affidavit.] 

Sixth.  If  you  should  accidentally,  or  by  mistake,  deface,  mutilate  or 
spoil  one  of  your  ballots,  return  it  to  the  Poll  Clerks  and  get  another  one 
of  the  same  kind. 

Seventh.  You  must  not  accept  a  ballot  from  any  person  outside  of 
the  election  room.  Any  ballot  outside  is  fraudulent;  and  it  is  a  peniten- 
tiary offense  to  have  it  in  your  possession,  whether  you  attempt  to  vote 
it  or  not. 

Eighth.  You  must  not  attempt  to  hold  any  conversation  in  the  elec- 
tion room  except  with  members  of  the  Election  Board  and  Polling  Clerks. 

Ninth.  Use  only  the  blue  pencil  handed  you  by  the  Polling  Clerks  in 
marking  your  ballots.  If  you  mark  with  any  other  pencil,  your  ballot 
so  marked  will  be  void,  and  will  not  be  counted. 

Tenth.  You  must  not  put  any  mark  of  any  kind  on  your  ballot, 
except  as  above  described. 

[If  the  foregoing  instructions  to  voters  are  printed  on  cards  and  posted  up  at  the 
polls,  it  will  be  a  sufficient  compliance  with  the  provisions  of  the  statute  requiring  in- 
structions to  be  posted  up  at  such  places.  Add,  however,  in  full,  at  the  foot  of  such 
cards  the  original  Sections  43,  50,  55,  56,  59  and  60  of  the  election  law  of  March  6. 
1889,  being  Sections  162,  170,  171,  176,  178  and  180  of  this  compilation.] 


INSTRUCTIONS  FOR  VOTING  BY  MACHINE. 

1.  The  election  officers  in  precincts  where  voting  is  done  by  machines 
are  the  same  as  in  voting  by  ballot. 

2.  All  laws  relating  to  the  secrecy  of  the  ballot  and  the  number  of 
persons  permitted  in  the  room  apply  as  well  to  machine  voting  as  in 
voting  by  ballot. 

3.  When  the  voter  enters  the  election  room  he  must  announce  his 
name  to  the  Polling  Clerks,  who  must  register  it  in  the  same  manner  as 
when  voting  by  ballot. 

4.  The  qualifications  of  voters,  election  officers  and  challengers  are 
the  same  in  case  of  machine  voting  as  in  voting  by  ballot. 

5.  All  machines  will  be  so  constructed  that  the  voter  can  vote  either 
a  straight  or  mixed  ticket. 

6.  Instruction  must  be  given  at  each  voting  place  as  to  the  manner 


19 

of  voting  by  machine;  no  fixed  rule  can  be  laid  down,  because  it  is  not 
known  what  kind  of  machine  will  be  used  in  a  precinct. 

7.  If  the  voter  requests  it,  he  must,  upon  being  registered  by  the 
Polling  Clerks,  be  instructed  by  them  as  to  the  manner  of  voting  by  the 
machine. 

8.  If  the  voter  is  unable  to  vote  by  machine  on  account  of  physical 
disability  or  inability  to  read  English,  and  make  an  affidavit  to  that  effect, 
he  or  she  will  be  instructed  or  assisted  by  the  Polling  Clerks,  as  in  the 
case  of  voting  by  ballot.  If  he  or  she  requests  it,  he  or  she  will,  upon 
being  registered  by  the  Polling  Clerks,  be  instructed  by  them  as  to  the 
manner  of  voting  by  machine.  The  voter  can  not  remain  in  the  voting 
machine  booth  more  than  one  minute ;  and  no  person  can  be  in  or  near  the 
machine  when  a  voter  is  in  the  voting  machine  booth  unless  it  is  the 
Polling  Clerks  while  instructing  or  assisting  the  voter, 

9.  After  the  voter  has  voted  the  Inspector,  or  one  of  the  judges,  will 
announce  to  the  Polling  Clerks  that  such  voter  has  voted,  and  the  clerks 
will  write  the  word  "voted"  opposite  the  name  of  such  voter,  in  the  same 
manner  as  when  voting  by  ballot. 

CAUTION. 

As  voting  by  machine  is  an  experiment,  it  would  be  wise  for  the 
Inspector  to  provide  the  necessary  ballots  and  ballot  boxes;  so  that  in  case 
of  the  machine  failing  to  work,  at  any  time,  the  election  can  proceed 
thereafter  in  the  usual  way  of  voting  by  ballot.     (Sec.  398.) 

CANVASSING  THE  BALLOTS. 
Watchers. 

The  four  leading  political  parties  voting  in  the  last  general  election, 
to-wit:  Republican,  Democratic,  Socialist  and  Farmer-Labor  parties,  are 
each  entitled  to  a  watcher,  who  has  the  right  to  enter  the  polls  as  soon  as 
they  are  declared  closed,  and  remain  in  the  election  room  until  the  vote 
is  fully  canvassed  and  returns  made  out.  Watchers  must  present  their 
certificate  signed  by  the  Chairman  of  the  committee.  It  is  the  watcher's 
duty  to  see  that  the  vote  registered  for  each  candidate  on  the  back  of 
the  machine  is  taken  off  correctly  and  recorded  correctly  by  the  clerks. 

Locking  Machine — Return  of  Keys. 

As  soon  as  the  polls  are  closed  the  Inspector,  in  the  presence  of  the 
Judges,  Clerks,  Sheriffs  and  Watchers,  must  lock  the  voting  part  of  the 
machine  against  voting.  The  keys  must  be  put  on  a  strong  string  or  wire 
with  a  card,  on  which  must  be  written  the  number  of  the  machine  and  the 
precinct.  The  keys  must  be  returned  to  the  county  auditor  not  later  than 
ten  o'clock  a.  m.  Thursday  following  election. 

The  Inspector  and  judges  must  see  that  the  lock  No.  1  is  snapped  on 
the  voting  lever  on  the  front  of  the  machine  and  that  the  release  knob  is 
locked  with  key  No.  2.  The  Inspector  will  then  open  the  counting  com- 
partment with  key  No.  3,  giving  a  full  view  of  all  the  counters  or  num- 
bers to  the  entire  board,  including  the  clerks,  sheriffs  and  watchers.  When 


20 

the  Inspector  announces  the  vote  cast  for  each  candidate,  the  judges  and 
watchers  must  see  that  the  vote  is  correctly  called  and  the  vote  correctly 
entered  by  the  clerks  on  the  tally  books.     (Sec.  281,  Election  Laws.) 

After  the  whole  vote  has  been  called  off,  the  clerks  must  again  call 
back  the  vote  of  each  candidate  from  the  tally  book  for  verification  by 
the  Election  Board, 

After  the  vote  has  been  verified  and  found  correct,  then  close  the 
machine  and  lock  with  key  No.  3,  sign  the  books,  tally  sheets,  certificates, 
etc.  If  the  machine  has  broken  before  the  polls  close,  in  canvassing  the 
vote  the  number  of  votes  each  candidate  received  on  the  machine  must 
be  added  to  the  number  cast  for  such  candidate  by  printed  ballots  and  the 
certificate  must  be  made  up  to  show  the  total  vote  of  each  candidate. 

Absent  voter's  Ballot — How  Counted  on  Voting  Machine. 

In  the  canvassing  of  absent  voter's  ballots  in  any  precinct  where  vot- 
ing machines  are  used,  the  Inspector  shall  remove  the  absent  voter's 
ballots  from  the  ballot  box  in  which  they  have  been  deposited,  as  herein 
provided,  and,  together  with  the  two  (2)  clerks,  open  the  ballots  and 
record  them  on  the  voting  machine  in  accordance  with  the  intent  of  the 
absent  voter  as  indicated  by  the  appropriate  markings  on  the  face  of  the 
ballot  if  the  vote  is  not  challenged.     (Sec.  76.) 

Canvassing  Vote — Pencils  Destroyed. 

Before  the  ballots  cast  or  uncast  in  any  primary  or  general  election 
in  this  State  shall  have  been  counted,  all  the  pencils  used  in  marking  the 
ballots  in  such  primary  or  general  election  shall  be  destroyed.    (Sec.  172.) 

Order  of  Canvassing  Australian  Ballots. 

The  Election  Board  must  then  proceed  to  canvass  the  ballots;  first 
the  State,  second  the  county,  and  third  the  township.    (Sec.  173.) 

Ballots,  How  Canvassed. 

The  Election  Board  must,  in  canvassing  the  votes,  begin  first  with 
the  State  ballots  and  complete  them  before  proceeding  with  the  other 
ballots,  by  laying  each  ballot  upon  the  table  in  the  order  in  which  it  is 
taken  from  the  ballot  box;  and  the  Inspector  and  the  judge  of  election 
differing  in  politics  from  the  Inspector  must  view  the  ballots  as  the  names 
of  the  persons  voted  for  are  read  therefrom.  The  Inspector  reads  the 
ballots,  the  judge  differing  in  politics  from  the  Inspector  sees  that  the 
ballot  is  read  correctly,  and  the  judge  of  the  same  politics  as  the  Inspector 
strings  the  ballots  after  they  are  read.  If  any  ballot  be  found  mutilated, 
defaced  or  marked  so  that  it  can  be  identified,  it  must  not  be  counted 
(Sec.  66);  but  the  board  should  not  adhere  to  such  a  severe  construction 
of  the  laws  as  will  deprive  innocent  or  honest  voters  of  their  rights.  In 
determining  the  intention  of  the  voter  a  careful  but  common-sense  discre- 
tion should  be  exercised.  Instances  may  arise  where  finger  marks  from 
a  greasy  or  soiled  hand  may,  unintentionally,  have  been  left  upon  a  ballot. 
In  such  an  instance,  if  the  board  is  convinced,  after  a  careful  examination, 
that  the  marks  were  accidentally  and  not  intentionally  or  coriniptly  made, 
the  ballot  should  be  counted.    If  the  initials  of  the  Poll  Clerks  be  on  the 


21 

ballot,  but  not  on  the  lower  left-hand  corner,  and  this  appears  clearly  to 
have  been  an  honest  and  unintentional  mistake  of  the  Poll  Clerks,  the 
ballot  should  be  counted.  No  ballot  can  be  counted,  however,  if  the  in- 
tention of  the  voter  is  not  indicated  by  the  blue  pencil  mark  and  in  the 
exact  manner  required  by  the  statute,  which  provides  that  the  cross  must 
be  on  or  touch  the  circle  or  the  square. 

All  ballots  voted  and  not  voted,  together  with  all  protested,  disputed 
or  uncounted  ballots,  must  be  preserved  and  returned  to  the  County 
Clerk's  office  in  the  proper  packages.    (Sec.  173.) 

Ballot  Where  There  Are  Several  Candidates  for  Same  OflSce. 

In  case  there  are  two  or  more  persons  to  be  elected  to  the  same  office, 
as  in  the  case  of  Senators  and  Representatives  in  the  Lgislature,  judges 
of  the  Superior  Court,  justices  of  the  peace,  etc.,  if  the  names  of  one  or 
more,  but  less  than  all,  of  such  persons  for  a  particular  office  are  marked 
on  one  or  more  of  the  tickets,  the  ballot  must  be  counted  for  the  persons 
whose  names  are  so  marked;  but  if  in  such  case  the  names  of  more  per- 
sons than  are  to  be  elected  to  the  particular  office  are  marked  on  any 
ballot,  such  ballot  can  not  be  counted  for  any  person  for  that  office,  for 
the  reason  that  it  can  not  be  determined  which  of  the  right  number  to  be 
elected  were  intended  to  ve  voted  for,  but  the  ballot  is  valid  and  must  be 
counted  for  the  candidates  for  other  offices  as  to  whom  it  is  properly 
marked.     (Sec.  173.) 

Ballot  in  Wrong  Box. 

If  the  Inspector,  by  mistake  or  intention,  deposits  genuine  ballots  in 
the  wrong  box,  putting  State  ballots  in  the  local  box,  or  local  ballots  in 
the  State  box,  such  ballots  must  be  counted.     (See  130  Ind.  561.) 

Absent  Voter's  Ballots — Use  of  Ink  or  Pencil  in  Marking  Not  a  Distin- 
guishing Mark. 

Absent  voter's  ballots  have  the  signature  of  the  clerk  of  the  Circuit 
GouH  and  his  seal  impressed  thereon  on  the  lower  left-hand  comer  of  the 
back  of  the  ballot;  such  ballots  may,  according  to  law,  be  marked  either 
with  ink,  or  a  pencil  with  any  color  of  lead,  and  when  so  marked  should 
be  counted  by  the  board.    (Sec.  70.) 

The  use  of  a  pencil  making  other  than  a  blue  mark  or  ink  is  not  a 
distinguishing  mark  on  absent  voter's  ballots,  but  would  be  on  any  other. 
The  signature  of  the  clerk  and  the  impression  of  the  seal  on  the  back  of 
the  ballot  is  an  indication  that  the  ballot  is  an  absent  voter's  ballot. 

Close  of  Count. 

The  board,  after  canvassing  the  ballots,  must  record  the  results  on 
the  tally  sheets,  and  make  out  three  certificates  of  the  number  of  votes 
for  each  candidate,  over  the  signatures  of  all  the  members  of  the  board, 
and  deliver  one  of  them  to  each  member  of  the  board. 

All  ballots  voted  and  not  voted,  together  with  all  disputed,  protested, 
uncounted  and  defective  ballots,  must  be  preserved  and  returned  to  the 
County  Clerk's  office  in  the  sealed  bags.  Before  putting  such  ballots  in 
the  bag,  one  of  the  Poll  Clerks  must  endorse  upon  the  back  of  each  dis- 


22 

puted,  defective,  uncounted  or  protested  ballot  the  word  "counted"  or 
"not  counted,"  or  if  counted  in  part,  for  whom  counted,  as  the  case  may 
be,  which  statement  must  be  signed  by  both  of  the  clerks.    (Sec.  173.) 

Protested  Ballots. 

At  the  close  of  the  canvass  the  Poll  Clerks  must  make  memoranda 
on  the  tally  sheets  of  the  protested,  uncounted,  disputed  and  defective 
ballots.  It  is  intended  by  the  law  that  there  should  be  a  separate  memo- 
randum for  each  ballot,  specifying  the  objections  to  it.  It  will,  therefore, 
be  necessary  to  number  the  protested,  uncounted,  disputed  and  defective 
ballots  so  that  the  objections  may  be  referred  to  the  proper  ones  by  num- 
ber.    (Sec.  173.) 

A  paper  sack  is  provided  in  which  the  seals  of  the  ballot  packages 
and  all  the  disputed,  protested,  uncounted  and  defective  ballots  must  be 
placed;  and  this  bag,  after  sealing,  must  be  delivered  to  the  County  Clerk. 
(Sec.  173.) 

Effect  of  Protest. 

A  protest  does  not,  in  any  sense,  mean  that  the  ballot  shall  not  be 
counted.  It  must  be  counted,  notwithstanding  the  protest,  if  a  majority 
of  the  board  so  decide,  and  the  only  persons  to  decide  are  the  Inspector 
and  the  two  judges.  If  a  ballot  is  counted  over  the  protest  of  a  member 
of  the  Election  Board,  it  must  be  preserved.     (Sec.  173.) 

Disposition  of  Papers. 

The  various  papers  and  documents  used  by  the  board  must  be  dis- 
posed of  as  hereinafter  set  out. 

In  a  precinct  where  printed  ballots  only  are  used  the  election  bal- 
lots and  papers  are  put  up  in  eight  (8)  parcels  as  follows: 

1.  Bag  containing  all  unvoted  state,  county  and  township  ballots. 

2.  Bag  containing  all  voted  state,  county  and  township  ballots, 
except  protested,  disputed  and  defective  ballots. 

3.  Bag  containing  all  disputed,  protested  and  defective  voters'  bal- 
lots, and  seals  of  ballots  packages. 

4.  Bag  containing  defective   and  unopened  absent  voters'  ballots. 

5.  Bag  containing  one  poll-book,  one  state  tally  paper,  one  county 
tally  paper  and  one  township  tally  paper  and  the  aflfidavits  of  election 
officers. 

6.  Bag  or  envelope  containing  all  the  affidavits  made  after  the  polls 
are  opened  and  before  the  polls  are  closed. 

7.  Package  containing  one  poll-book,  one  state  tally  paper,  one 
county  tally  paper  and  one  township  tally  paper,  if  there  are  more  than 
ten  precincts  in  the  township;  but  if  not  more  than  ten  precincts  in  the 
township,  the  township  tally  paper  is  taken  to  the  township  trustee's 
office  the  next  day  after  the  election.    This  package  should  not  be  sealed. 

8.  Package  containing  the  two  registration  books  and  registration 
applications. 

In  a  precinct  where  a  voting  machine  and  also  printed  ballots  are 
used  there  are  eight  (8)  parcels,  the  same  as  set  out  above  where  only 


23 

printed  ballots  are  used,  and  in  addition  the  inspector  must  take  the 
machine  keys  to  the  auditor's  office. 

In  a  precinct  where  a  voting  machine  and  no  printed  ballots  are 
used  there  are  six  (6)  parcels,  as  follows: 

1.  Package  containing  one  poll-book,  one  voting  machine  tally  paper 
for  state,  county  and  township  officers,  and  the  affidavits  of  the  election 
officers.  , 

2.  Package  containing  one  poll-book,  one  voting  machine  tally  book 
for  state,  county  and  township  officers,  if  there  are  more  than  ten 
precincts  in  the  township;  but  if  not  more  than  ten  precincts  a  town- 
ship tally  paper  is  taken  to  the  township  trustee's  office  the  next  day 
after  the  election.    This  package  should  not  be  sealed. 

3.  Package  containing  affidavits  made  after  the  polls  are  opened 
and  before  the  polls  are  closed. 

4.  Package  containing  voted  and  counted  absent  voters'  ballots. 

5.  Package  containing  the  disputed,  protested,  defective  and  un- 
opened absent  voters'  ballots. 

6.  Package  containing  the  two  registration  books  and  the  registra- 
tion applications. 

7.  Package  containing  the  keys  to  the  voting  machine. 

All  of  the  above  packages  should  be  taken  to  the  county  clerk's  office 
except  the  voting  machine  keys  and  the  registration  books  and  the 
registration  applications  which  should  be  taken  to  the  county  auditor's 
office. 

The  election  board  must  sign  their  names  on  each  bag  or  package 
and  seal  them  except  the  packing  containing  the  poll-book,  one  state 
tally  paper  and  one  county  tally  paper.  In  no  event  should  the  inspector 
or  judge,  who  has  been  selected  as  custodian  of  these  papers,  part  with 
their  possession  or  permit  them  to  be  changed,  handled  or  multilated. 
(Sees.  173,  176,  177  and  191.) 

Upon  delivery  of  same  to  clerk  of  the  circuit  court  the  inspector 
must  take  and  subscribe  an  oath  that  he  has  securely  kept  said  envelope, 
ballots  and  papers  therein,  and  that  he  has  not  suffered  or  permitted 
any  person  to  break  the  seal  or  open  said  envelope  or  tamper  with  the 
ballots  or  papers,  which  oath  shall  be  filed  in  said  clerk's  office  with 
the  other  election  papers.     (Sec.  191.) 

The  inspector  should  make  out  a  statement  showing  the  names  of 
the  inspector,  judges,  clerks,  additional  clerks,  sheriffs,  the  number  of 
meals  and  the  name  of  the  party  furnishing  the  meals. 

The  ballot  box,  booths  and  the  other  election  supplies  should  be 
left  at  the  place  of  voting,  and  the  board  of  commissioners  will  send 
for  them  and  store  them  for  future  elections. 


CONSTITUTIONAL   AMENDMENT. 

Constitutional  amendments  when  proposed  are  printed  in  brief  on 
the  state  ballots.  They  are  followed  by  a  line  with  the  word  "Yes"  and 
another  line  with  the  word  "No"  thereon  and  the  voter  may  indicate 


24 

his  desire  with  reference  to  such  constitutional  amendment  by  making 
a  cross  (X)  in  the  square  before  either  of  said  answers.     (Sec.  177.) 

If  any  political  party  polling  at  least  one  per  cent  of  the  entire 
vote  cast  in  the  state  has  taken  action  upon  any  constitutional  amend- 
ment and  certified  its  resolution  to  the  secretary  of  state,  there  shall 
be  printed  upon  the  ballot  of  such  party  immediately  below  the  names 
of  its  state  candidates,  a  statement  of  such  proposed  constitutional 
amendment  followed  by  the  word  "Yes"  or  the  word  "No"  according 
as  affirmative  or  negative  action  may  have  been  taken  thereon  by  such 
party.  In  this  case  if  the  voter  makes  a  cross  (X)  mark  in  the  circle 
at  the  head  of  the  state  ticket  for  the  purpose  of  voting  a  straight  party 
ticket,  he  thereby  votes  upon  said  constitutional  amendment  in  accord- 
ance with  the  action  taken  by  his  party;  or  if  he  choose  he  may  vote  a 
mixed  ticket  and  may  make  his  cross  (X)  mark  in  the  blank  to  the 
left  of  and  before  the  statement  and  answer  thereto  that  he  desires 
to  make.     (Sees.  176-181.) 

PARTIES. 

The  party  vote  of  1908,  1910,  1912,  1914,  1916,  1918  and  1920  was 
as  follows: 

1920 

Democratic 510,239 

Republican 686,974 

Progressive 

Prohibitionist 12 ,  443 

Socialist 23,404 

Socialist  Labor 

'Socialist  and  Socialist 

Labor 

Peoples 

Independent  Party 

Farm-Labor 16,702 

Total  vote 1, 249, 762        572,  607        704,851        628, 508        654, 674        627, 133        720,403 

Under  the  law,  each  of  the  four  political  parties  which  cast  the 
largest  vote  in  1920  is  entitled  to  one  watcher  at  the  count  (Sec.  165), 
and  each  party  that  cast  ten  per  cent  of  the  total  vote  of  the  state  for 
secretary  of  state  is  entitled  to  and  must  nominate  its  candidate  at  a 
primary  election,  and  each  party  which  cast  one  per  cent  of  the  total 
vote  is  entitled  to  and  must  nominate  its  candidates  by  a  convention. 
All  parties  casting  less  than  one  per  cent  of  the  total  vote  of  the  state 
must  nominate  their  candidates  by  a  petition.  Under  the  vote  of  1920 
the  Democratic  and  Republican  parties  are  the  only  parties  that  can 
nominate  their  candidates  at  a  primary  election;  and  the  Farmer-Labor 
and  the  Socialist  parties  are  the  only  parties  that  can  nominate  their 
candidates  at  a  convention,  all  other  parties  must  nominate  their  candi- 
dates by  a  petition.  The  only  parties  entitled  to  have  watchers  at  the 
count  are  the  Democratic,  Republican,  Farmer-Labor  and  Socialist 
parties. 


1918 

1916 

1914 

1912 

1910 

1908 

251,694 

323,686 

262,703 

281,890 

299,935 

338,262 

301,207 

337,851 

233,313 

151,267 

287,568 

348,993 

4,543 

93,683 

162,207 

8,409 

15,567 

14,246 

19,249 

17,024 

18,045 

11,297 

21,648 

21,755 

36,931 

19,632 

1,556 

2,808 

3,130 

2,974 

13,476 

1,113 

514 

25 

ARRANGEMENT  OF  BLANKS  AND  TICKETS. 

State  Ballots. 

On  the  state  tickets  the  names  of  the  candidates  when  such  candi- 
dates are  to  be  elected  will  be  in  the  following  order: 

Presidential  Electors. 

For  United  States  Senator. 

For  Governor. 

For  Lieutenant-Governor. 

For  Secretary  of  State. 

For  Auditor  of  State. 

For  Treasurer  of  State. 

For  Attorney-General. 

For  Clerk  of  the  Supreme  Court. 

For  Superintendent  of  Public  Instruction. 

For  Judge  of  the  Supreme  Court,  First  District. 

For  Judge  of  the  Supreme  Court,  Second  District. 

For  Judge  of  the  Supreme  Court,  Third  District. 

For  Judge  of  the  Supreme  Court,  Fourth  District. 

For  Judge  of  the  Supreme  Court,  Fifth  District. 

For  Judge  of  the  Appellate  Court,  First  Division. 

For  Judge  of  the  Appellate  Court,  First  Division. 

For  Judge  of  the  Appellate  Court,  First  Division. 

For  Judge  of  the  Appellate  Court,  Second  Division. 

For  Judge  of  the  Appellate  Court,  Second  Division. 

For  Judge  of  the  Appellate  Court,  Second  Division. 

For  Reporter  of  the  Supreme  Court. 

Local  Ballots. 

On  the  local  tickets  the  names  of  the  candidates  should  be  in  the 
following  order  as  far  as  applicable  to  the  particular  county: 

For  Representatives  in  Congress,  Congressional  District 

For  Judge  of  the  Circuit  Court,   .Judicial  Circuit 

For  Judge  of  the  Probate  Court. 

For  Prosecuting  Attorney, Judicial  Circuit 

For  Judge  of  the  Superior  Court,  Superior  Court  District 

For  Judge  of  the  Superior  Court, County 

For  Judge  of  Room ,  Superior  Court, County 

For  Judge  of  the  Criminal  Court, County 

For  Judge  of  the  Juvenile  Court. 

For  Senator, County 

For  Joint  Senator, Counties 

For  Representative, County 

For  Joint  Representative,  Counties 

For  Clerk  of  the  Circuit  Court. 
For  County  Auditor. 
For  County  Treasurer. 
For  Recorder. 
For  Sheriff. 


26 

For  Coroner. 

For  County  Surveyor. 

For  County  Assessor. 

For  County  Commissioner,  First  District. 

For  County  Commissioner,  Second  District. 

For  County  Commissioner,  Third  District. 

For  County  Councilman  at  Large. 

For  County  Councilman, District 

Township  Ballots. 

For  Township  Trustee. 
For  Township  Assessor. 
For  Township  Advisory  Board. 
For  Justice  of  the  Peace. 
For  Constables. 

On  the  blank  forms  for  canvassing  provided  by  the  county  auditor, 
the  names  of  the  candidates  should  be  arranged  in  the  same  order. 


INTERPRETATION  OF  THE 
REGISTRATION  LAW 


(27) 


REGISTRATION   CALENDAR,    1922. 


General  Election — November  7,  1922. 

September  9th — First  or  September  session  of  the  registration  board, 
8  a.  m.  to  9  p.  m. 

October  9th — Second  or  October  session  of  the  registration  board, 
8  a.  m.  to  9  p.  m. 


Changes  in  precinct  boundaries  for  general  election  purposes  must 
be  made  not  later  than  March  of  the  year  in  which  a  general  election 
is  held. 

April  10th  is  the  last  day  for  publishing  notice  of  change  in  precinct 
boundaries. 

In  all  precincts,  there  shall  be  appointed  two  registration  clerks. 
In  all  precincts  having  voting  machines,  there  shall  be  appointed  an 
inspector  and  two  clerks.  In  all  precincts  having  more  than  600  voters, 
there  shall  be  appointed  an  inspector  and  two  clerks,  and  two  additional 
clerks  may  be  appointed. 

Registration  inspectors,  the  clerks  and  additional  clerks,  if  any,  are 
appointed  by  the  Board  of  Commissioners,  not  later  than  five  days  before 
registration  day. 

County  chairmen  may  nominate  registration  clerks  and  additional 
clerks,  if  any,  ten  days  before  registration  day,  and  the  board  of  com- 
missioners must  appoint  them. 

At  least  ten  days  before  registration  day,  the  auditor  of  the  county 
delivers  to  the  registration  inspector  or  clerk  in  charge,  registration 
blanks,  registration  books,  etc. 

At  least  fifteen  days  before  registration  day,  the  board  of  commis- 
sioners shall  provide  for  and  secure  a  suitable  room  for  the  session  of 
the  board  in  each  precinct. 

County  auditor  gives  ten  days'  notice  by  publication  in  two  news- 
papers representing  the  two  leading  political  parties,  before  each  regis- 
tration day,  of  the  time  and  places  of  registration. 

Inspector  or  clerk  in  charge  posts  a  notice  of  the  time  and  place  of 
registration  in  five  public  places  in  his  precinct  eight  days  before  regis- 
tration day. 

The  county  auditor,  within  ten  days  after  each  registration  day, 
must  make,  certify  and  furnish  to  the  chairman  of  both  leading  political 
parties,  complete  copies  of  the  registration. 

At  time  inspector  receives  the  ballots  from  the  county  board  of  elec- 
tion commissioners  at  the  clerk's  office,  he  also  receives  the  registration 
books  and  blanks.  Inspector  must  return  registration  books  and  blanks 
to  county  auditor  within  three  days  after  election. 

(29) 


30 

Mistakes  in  registration  made  at  the  September  session  may  be 
corrected  at  the  October  session. 

Mistakes  made  at  the  October  session  may  be  corrected  before  the 
county  auditor  not  later  than  ten  days  before  election  day. 

Mistakes  made  at  the  October  session,  and  unknown  to  the  voter 
until  he  goes  to  the  polls  to  vote,  can  be  corrected  on  election  day,  at 
the  polls. 

At  least  ten  days  before  an  election,  one  or  more  electors  of  a  pre- 
cinct may  begin  proceedings  to  strike  a  name  or  names  from  the  regis- 
tration books.  Immediate  service  of  notice  in  person  or  by  copy,  return 
of  notice  within  48  hours,  to  appear  in  not  less  than  two  nor  more  than 
five  days  after  service.  If  not  personally  served  and  no  appearance  at 
trial,  such  voter  before  four  o'clock  p.  m.  on  the  day  preceding  the  elec- 
tion shall  have  the  right  to  have  said  order  to  remove  his  name  from 
registration  books  modified  and  changed. 

INSTRUCTIONS  TO  VOTERS  AND  OFFICERS  UNDER  THE  REGIS- 
TRATION LAW  AND  INTERPRETATIONS  THEREOF. 

Registration,  When  Held. 

In  the  year  1922,  there  will  be  two  sessions  of  the  registration  board. 
The  first,  or  September  session,  will  be  held  on  Saturday,  the  ninth  (9th) 
day  of  September,  which  is  the  59th  day  before  the  election,  and  the 
second,  or  October  session,  will  be  held  on  Monday,  the  ninth  (9th)  day  of 
October,  the  29th  day  before  the  election.     (Sec.  29.) 

Hours,  Board  in  Session. 

The  registration  board  must  be  in  session  ready  to  receive  applica- 
tions for  registration  from  the  hour  of  eight  (8)  o'clock  a.  m.  to  the  hour 
of  nine  (9)  o'clock  p.m.     (Sec.  33.) 

Oaths  of  Office. 

The  inspector  and  clerks  must  each  take  an  oath  before  entering 
upon  the  discharge  of  their  duties,  which  oath  must  be  filed  with  the 
county  auditor.     (Sec.  28.) 

Registration,  Where  Held. 

In  any  year  in  which  a  general  election  is  held  on  the  first  Tuesday 
after  the  first  Monday  in  November  the  board  of  commissioners  of  any 
county  shall  establish,  change  or  divide  the  election  precincts  of  the 
county  not  later  than  their  March  term,  except  that  where  voting  ma- 
chines have  been  adopted  since  March  14,  1919,  two  or  more  precincts 
may  be  combined  into  one.     (Sec.  27.) 

Commissioners,  Provide  Place  For. 

The  board  of  commissioners  of  each  county  must,  at  least  fifteen 
(15)  days  before  the  session  of  the  registration  board,  provide  for  and 
secure  a  suitable  room  in  each  precinct  of  the  county,  in  which  to  con- 
duct  the   registration,    and   if   practicable,    the    same    room    should    be 


31 

secured  in  which  to  hold  both  sessions  and  the  election.  (Sec.  31.)  Fri- 
day, the  25th  day  of  August,  is  the  last  day  for  securing  the  room.  The 
room  should  be  equipped  with  chairs  and  suitable  furniture. 

Notice. 

The  county  auditor  before  each  session  of  the  registration  board 
must  give  ten  (10)  days'  notice  of  the  time  and  place  of  holding  the 
registration  by  one  (1)  publication  in  each  of  two  newspapers  of  gen- 
eral circulation,  printed  and  published  in  the  county,  representing  the 
two  political  parties  that  cast  the  highest  and  next  highest  vote  re- 
spectively in  the  county  at  the  last  preceding  general  election.    (Sec.  31.) 

Forms  of  Notice  Furnished  by  Auditor,  Posting  Of. 

The  county  auditor  shall  prepare  and,  at  least  ten  (10)  days  before 
each  session,  deliver  to  each  inspector  or  clerk  in  charge  of  each  pre- 
cinct fifteen  (15)  printed  blank  forms  of  notice  of  the  time  and  place  of 
session.  The  inspector  or  clerk  in  charge  of  the  precinct  shall  fill  out  the 
blanks,  and  at  least  eight  (8)  days  before  the  session  post  or  cause  the 
same  to  be  posted  in  at  least  five  (5)  public  places  in  the,  precinct. 
(Sec.  31.) 

Registration  Officers  Appointed  by  County  Commissioners. 

The  board  of  commissioners  of  each  county  of  the  state  in  each  year 
in  which  there  is  to  be  held  a  general  election  on  the  first  Tuesday  after 
the  first  Monday  in  November,  at  least  five  (5)  days  before  each  session 
of  the  registration  board  shall  appoint  in  each  precinct  two  (2)  registra- 
tion clerks,  and  in  each  precinct  where  voting  machines  are  used  shall  also 
appoint  an  inspector  of  registration,  and  in  precincts  having  more  than 
six  hundred  (600)  voters  at  the  last  preceding  general  election,  the  board 
of  commissioners  may  appoint  two  (2)  additional  clerks.  (Sees.  28  and 
39.) 

Registration  Officers,  Qualifications  Of. 

The  inspector  and  registration  clerks,  or  the  registration  clerks  so 
appointed,  as  the  case  may  be,  constitute  the  registration  board  of  the 
precinct  for  which  they  are  appointed,  and  each  of  the  members  of  the 
registration  board  shall  be  voters  and  residents  of  the  precinct  for  which 
appointed.  Women  who  are  over  the  age  of  21  years  are  voters  and  may 
be  appointed  as  members  of  the  registration  board,  the  same  as  male 
voters.  The  county  chairman  of  each  of  the  two  political  parties  that  cast 
the  highest  and  next  highest  vote  respectively  at  the  last  preceding  gen- 
eral election  shall  have  the  right  to  nominate  one  (1)  of  the  clerks  of 
rgistration,  and  one  of  the  additional  clerks,  if  any  are  appointed;  pro- 
vided, that  he  does  so  in  writing  ten  (10)  days  before  the  session  of  the 
board  at  which  the  appointment  is  made.  The  board  of  commissioners  of 
the  county  must  appoint  the  clerks  so  recommended:  Provided,  that  if 
such  chairman  shall  fail  to  make  nomination  or  appointment  within  the 
time  specified,  the  board  of  commissioners  of  the  county  shall  make  such 
appointment  of  its  own  selection  from  such  political  parties  failing  to 
make  recommendation.    (Sec.  28.) 


32 

Auditor  to  Notify,  Etc. 

The  county  auditor  immediately  notifies  the  members  of  the  registra- 
tion board  of  their  appointment.  (Sec.  28.)  The  members  of  the  registra- 
tion board  must  be  sworn  in  and  the  oath  must  be  filed  with  the  county 
auditor.  They  hold  their  office  until  the  day  after  the  election.  They  are 
eligible  as  members  of  the  regular  election  board.  (Sec.  28.)  The  in- 
spector or  the  clerk  in  charge  must  be  a  member  of  the  political  party 
that  cast  the  highest  vote  for  Secretary  of  State  in  the  county  at  the  last 
preceding  general  election.     (Sec.  31.) 

Police  Powers  of  Board. 

Each  member  of  the  board  while  in  session  is  a  conservator  of  the 
peace  and  has  the  right  to  arrest  any  person  who  creates  any  disturbance 
in  or  around  the  room  of  the  board  or  offers  any  interference  with  the 
work  of  the  board  or  the  people  appearing  for  the  purpose  of  registra- 
tion, or  who  violates  any  law  of  the  state  in  the  presence  and  hearing  of 
the  board,  and  any  member  of  the  board  has  the  right  to  command  by- 
standers to  assist  in  making  such  arrest  and  in  detaining  such  person  until 
a  warrant  can  be  obtained  for  him.    (Sec.  42.) 

Registration  Officer's  Pay. 

The  inspector  or  clerk  in  charge  for  each  session  shall  receive  for  his 
services  the  sum  of  nine  dollars  ($9.00),  and  in  addition  five  cents  ($.05) 
per  mile  for  each  mile  of  the  shortest  distance  between  his  residence  and 
the  county  auditor's  office;  and  each  of  the  clerks  shall  receive  six  dollars 
($6.00)  for  his  services.  (Sec.  37.)  The  county  auditor  for  his  services 
shall  receive  reasonable  compensation,  the  amount  to  be  allowed  by  the 
board  of  commissioners.    (Sec.  41.) 

Meals. 

The  inspector  or  clerk  in  charge  shall  cause  the  registration  board  to 
be  furnished  at  the  expense  of  the  county  with  good,  plain  and  substan- 
tial meals  not  to  cost  more  than  seventy-five  cents  ($.75)  per  meal. 
(Sec.  31.) 

Statement  of  Expense. 

Before  adjournment  the  board  shall  make  an  itemized  statement  for 
services,  cost  of  meals  and  other  expenses  chargeable  against  the  county, 
which  the  inspector  or  clerk  in  charge  shall  file  with  the  county  auditor  at 
the  time  he  delivers  to  him  the  books,  applications,  unused  blanks,  etc. 
All  expenses  of  registration  and  preparation  therefor  are  paid  by  the 
board  of  commissioners  out  of  the  county  treasury.    (Sec.  26.) 

Who  May  Register. 

The  object  of  the  registration  law  is  to  provide  for  and  require  the 
registration  of  all  voters  who  may  be  qualified  and  desire  to  vote  at  a 
general  election  or  at  any  municipal  election  held  in  cities  of  the  first 
and  second  classes,  and  anyone  who  may  be  qualified  to  vote  at  such  elec- 
tions is  entitled  to  registration.  Registration  alone  does  not  qualify  one 
to  vote,  but  if  a  voter  is  otherwise  qualified  and  not  registered  his  or  her 
vote  can  not  be  accepted.    (Sec.  32.)    All  voters  must  register.     (Sec.  25.) 


33 

Who  Are  Voters. 

All  person,  male  or  female,  who  were  bom  in  the  United  States,  and 
who  on  the  day  of  registration,  or  who  on  the  day  of  election  will  be  21 
years  of  age,  and  who,  on  said  election  day,  have  resided  in  the  State  of 
Indiana  for  six  months,  in  the  township  sixty  (60)  days,  and  in  the  pre- 
cinct thirty  (30)  days,  if  registered,  are  entitled  to  vote;  and  if  foreign 
bom,  in  addition  to  the  above  qualifications,  they  must  on  the  day  of  elec- 
tion have  resided  in  the  United  States  one  (1)  year,  and  must  have  been 
naturalized.    (Sec.  82.) 

Foreign  Bom  Children  Who  Were  Minors  When  Their  Fathers  Were 
Naturalized. 

When  a  foreigner  has  been  naturalized,  this  of  itself  operates  as  a 
naturalization  of  his  wife,  minor  child  or  children  resident  at  that  time 
in  this  country.  If  the  father  has  been  naturalized,  but  the  son  or  daugh- 
ter does  not  know  when  and  where,  this  information  can  be  procured  from 
the  Bureau  of  Naturalization,  Washington,  D.  C.  The  mere  fact  that  the 
son  or  daughter  does  not  know  the  place  and  time  of  his  or  her  father's 
naturalization  does  not  disqualify  him  or  her  from  registering,  but  might 
be  a  serious  impediment  if  such  person  is  challenged  when  he  or  she  pre- 
sents himself  or  herself  to  vote.  It  would,  of  course,  be  advisable  for  a 
person  in  this  condition  to  secure  this  information  and  thus  avoid  any 
possible  question. 

Woman  Citizenship. 

An  American  woman  who  married  a  foreigner  prior  to  March  2,  1907, 
did  not  lose  her  citizenship  by  her  marriage,  but  any  American  woman 
who  married  a  foreigner  after  March  2,  1907,  lost  her  citizenship  as  an 
American,  becoming  a  citizen  of  the  country  of  which  her  husband  was  a 
citizen. 

An  alien  wife  of  an  alien  man  can  not,  on  her  own  petition,  become 
a  citizen  of  the  United  States  by  naturalization. 

A  foreign  bom  woman,  unmarried,  can  become  an  American  citizen 
by  naturalization  the  same  as  a  man. 

An  alien  female  who  lawfully  entered  the  United  States'  for  a  lawful 
purpose  and  afterwards  marries  a  citizen  of  the  United  States,  becomes 
a  citizen  of  the  United  States  by  virtue  of  such  marriage. 

A  foreign  bom  woman,  married  to  a  foreigner,  whose  husband  be- 
comes a  full  naturalized  American  citizen,  can  vote;  provided,  she  has  the 
other  qualifications. 

A  person  who  is  a  citizen  of  any  country  that  is  at  war  with  the 
United  States  can  not  be  naturalized  as  a  citizen  of  the  United  States. 

Registration  for  Special  Election. 

At  a  special  election,  other  than  an  election  to  fill  the  unexpired  term 
of  an  office  that  has  become  vacant  by  death,  resignation,  or  otherwise, 
no  person  can  vote  unless  duly  registered  under  the  registration  laws  in 
force  and  effect  at  the  time  of  such  special  election,  and  such  registration 
must  be  had  in  a  one-day  session,  the  59th  day  preceding  the  election,  and 
a  one-day  session,  the  29th  day  preceding  the  election. 

3—22129 


34 

Books  and  Blanks. 

The  county  auditor  provides  necessary  books  and  blanks,  and  other 
supplies  for  the  registration,  and  the  inspector  or  the  clerk  in  charge 
obtains  the  same  at  the  county  auditor's  office  at  least  ten  (10)  days 
before  each  session  of  the  registration  board.  (Sec.  30.)  The  inspector 
or  clerk  in  charge  may  place  part  of  the  applications  at  such  convenient 
place  or  places  in  the  precinct  to  accommodate  the  voters,  so  that  they 
may  obtain  them  before  the  registration  day;  and  he  shall  retain  a  suffi- 
cient number  in  his  own  hands  for  use  on  registration  day,  and  to  supply 
the  voters  that  may  call  on  him  for  them  before  that  day.  (Sec.  31.)  Any 
political  party  or  any  person  may  print  registration  applications  and 
other  blank  forms  as  prescribed  by  law  in  addition  to  the  ones  furnished 
by  the  respective  registration  boards. 

How  to  Register. 

A  voter  may  register  in  the  following  manner,  to-wit: 

(a)  By  delivering  in  person  an  application  for  registration  properly 
made  out,  signed  and  executed,  to  the  board  of  registration  during  the 
hours  said  board  is  in  session  in  the  precinct  in  which  said  voter  lives  and 
claims  the  right  to  vote;  the  voter  should  sign  his  or  her  name  in  full  in 
the  English  language  in  his  or  her  own  handwriting  (Sec.  35);  or 

(b)  By  causing  an  application  for  registration,  properly  made  out, 
signed  and  executed,  to  be  delivered  by  a  voter  of  the  precinct  to  the  board 
of  registration  during  the  hours  said  board  is  in  session  in  the  precinct  in 
which  said  voter  lives  and  claims  the  right  to  vote:  Provided,  that  in  the 
event  the  application  is  sent  to  the  board  by  any  voter  of  the  precinct,  the 
applicant  shall  first  make  oath  or  affirmation  before  some  officer  author- 
ized to  administer  oaths  and  who  has  an  official  seal  (Sec.  36);  or 

(c)  By  causing  an  application  for  registration,  properly  made  out, 
signed  and  executed,  to  be  certified  to  by  two  voters  residing  in  the  pre- 
cinct, who  shall  state  that  they  are  personally  acquainted  with  the  appli- 
cant and  that  he  or  she  is  the  person  he  or  she  represents  himself  or 
herself  to  be,  and  that  the  statements  he  or  she  represents  in  his  or  her 
application  are  to  their  personal  knowledge  true.  The  application  when 
so  signed  ai\d  certified  to  shaU  be  delivered  to  the  registration  board, 
while  it  is  in  session  by  any  voter  of  the  precinct  (Sec.  36);  or 

(d)  By  mailing  an  application  for  registration  properly  made  out, 
signed,  executed,  and  sv^orn  to,  to  the  county  auditor,  who  shall  deliver 
the  same  to  the  inspector  or  clerk  in  charge  of  the  registration  board, 
either  on  or  before  the  day  of  said  registration.     (Sec.  36.) 

(e)  Every  application  shall  be  signed  by  the  applicant  in  his  own 
handwriting  in  the  English  language,  if  able  to  write,  and  if  not  able  to 
write  in  any  language,  he  shall  procure  some  resident  of  the  township  to 
write  his  name  for  him,  and  he  shall  make  his  mark,  but  the  person  so 
writing  his  name  shall  also  write  his  own  name  on  the  application  as  an 
attesting  witness.  It  is  unlawful  for  any  person  to  write  the  name  of  an 
applicant  to  an  application,  unless  he  is  personally  acquainted  with  said 
applicant.     (Sec.  35.) 

There  are  two  classes  of  voters — native  born  and  foreign  born,  nat- 
uralized. 

A  voter  may  register  in  three  ways. 


35 

REGISTRATION  APPLICATION. 

(Application  for  Registration  of  Native  Bom  Voter.) 

No ,  Indiana,  ,  1922. 

(To  be  put  in  by  the  Clerk) 

My  name  is I  am  a 

(Give  name  in  full,  initials  will  not  do) 

voter. 

(Male  or  female) 

I  reside  in  the Precinct, Township, , 

Ward ,        ( Name  of  city  or  town ) 

County,  Indiana,  at  No *Street. 

I  was years  of  age  on  the day  of ,  192 .... 

I   was   born   in    '. 

(Signed)    : 

The  above  is  all  that  is  required  if  the  voter  appears  in  person. 

(The  jurat  below  to  be  filled  out  and  sigmed  by  the  officer  swearing  the  applicant,  if  the 
applicant  does  not  appear  in  person.) 

Subscribed  and  sworn  to  before  me,  this  the day  of , 

1922. 


Official  Title. 

My  commission  expires ,  192 .... 

(The  following  to  be  used  if  the  application  is  not  to  be  delivered  in  person  or  sworn  to.) 

We,  the  undersigned  legal  voters  residing  in Precinct, 

Township, ,  

Ward,  (Name  of  city  or  town) 

County,    Indiana,    certify    that    we    are    personally    acquainted    with 

,  the  above  named  applicant 

for  registration,  and  know  that  said  applicant  is  the  person  he  or  she 
represents  himself  or  herself  to  be,  and  that  the  statements  in  the  above 
application  are  to  our  personal  knowledge  true. 

WITNESS  our  hands,  this day  of ,  1922. 

Signed Resides  at 

Signed Resides  at 

REGISTRATION  APPLICATION. 

(Application  for  Registration  of  Foreign  Born  Naturalized  Voter.) 

No ,  Indiana,   ,  1922. 

(To  be  put  in  by  the  Clerk) 

My  name  is I  am  a 

(Give  name  in  full,  initials  will  not  do) 

voter. 

(Male  or  female) 

*  If  the  residence  is  outside  of  a  town  or  city,  give  the  postoffice  address  of  the 
applicant.  If  inside  of  a  town  or  city,  give  street  and  street  number  of  the  house  in 
which  the  applicant  resides. 


36 

I  reside  in  the Precinct, Township, , 

Ward,        ( Name  of  city  or  town) 

County,  Indiana,  at  No *Street. 

I  was years  of  age  on  the day  of ,  192 

I  was  bom  in ;  I  was  naturalized 

under  the  laws  of  the  United  States  at 

on  the day  of ,  1 ;  or,  my 

father  was  naturalized  as  a  citizen  of  the  United  States  while  I  was 
a  minor. 

(Strike  out  this  last  clause  if  it  does  not  apply.) 

(Signed)    

The  above  is  all  that  is  required  if  the  voter  appears  in  person. 

(The  jurat  below  to  be  filled  out  and  signed  by  the  officer  swearing  the  applicant,  if  the 
applicant  does  not  appear  in  person.) 

Subscribed  and  sworn  to  before  me,  this  the day  of , 

1922. 


Official  Title. 

My  commission  expires ,  192 

(The  following  to  be  used  if  the  application  is  not  to  be  delivered  in  person  or  sworn  to.) 

We,  the  undersigned  legal  voters  residing  in  the Precinct, 

Township, ,  

Ward,  (City  or  town) 

County,    Indiana,    certify    that    we    are    personally    acquainted    with 

,  the  above  named  applicant 

for  registration,  and  know  that  said  applicant  is  the  person  he  or  she 
represents  himself  or  herself  to  be,  and  that  the  statements  in  the  above 
application  are  to  our  personal  knowledge  true. 

WITNESS  our  hands,  this day  of ,  1922. 

Signed Resides  at 

Signed Resides  at 

Voter  Moving  from  Precinct. 

Any  voter  who  has  registered  at  the  September  session,  and  who  has 
moved  from  the  precinct  in  which  he  registered  to  another  precinct  in  the 
same  township  or  who  by  mistake  has  registered  in  the  wrong  precinct, 
is  entitled  to  register  in  the  precinct  to  which  he  has  moved  by  filing  with 
the  board  a  new  registration  application  at  the  October  session. 

He  must  also  fill  out  a  statement  showing  the  previous  registration, 
giving  the  number  and  liame  of  the  precinct  and  the  facts  as  to  how  such 
previous  registration  came  to  be  made,  which  statement  shall  be  deliv- 
ered to  said  board  with  said  application.  This  statement,  after  the  close 
of  said  registration,  shall  be  delivered  by  the  inspector  or  clerk  in  charge 
to  the  auditor  of  the  county,  who  shall  deliver  such  statement  to  the 
inspector  of  the  precinct  in  which  such  person  was  first  registered,  and 

*  If  the  residence  is  outside  of  a  town  or  city,  give  the  postoffice  address  of  the 
applicant.  If  inside  of  a  town  or  city,  give  street  and  street  number  of  the  house  in 
which  the  applicant  resides. 


37 

such  auditor  shall  make  a  note  in  red  ink  on  both  registration  books  of 
the  precinct  in  which  such  person  was  first  registered  opposite  the  name 
of  the  person  thereon,  calling  attention  to  such  statement,  said  statement 
may  be  substantially  in  either  of  the  following  forms:    (Sec.  26.) 

,  19.... 

At  the  September  session,  19 ,  of  the  Board  of  Registration,  I 

by  mistake  registered  in Precinct, Ward, 

City  or  Town, Township, County, 

Indiana,  when  at  such  time  I  was  and  am  now  a  legal  voter  in 

Precinct, Ward,  City  or  Town, 

Township, County,  Indiana. 


....,  19.... 

At  the  September  session,  19 ,  of  the  Board  of  Registration,  I  was 

a  legal  voter  in Precinct, Ward, 

City  or  Town, Township, County, 

Indiana,  and  I  duly  registered  in  said  precinct,  at  said  session  of  said 
board.    Since  doing  so  I  have  changed  my  place  of  residence  and  I  now 

reside  in Precinct, Ward, City  or 

Town  of ,  in  the  same  township,  county  and  state. 


Any  voter  who  at  the  October  session  of  the  board  of  registration  by 
mistake  registered  in  the  wrong  precinct,  and  who  otherwise  was  entitled 
to  vote,  may  be  registered  in  the  correct  precinct  by  the  auditor  of  the 
county  of  which  such  voter  is  a  resident,  at  any  time  after  such  October 
session  up  to  and  including  the  10th  day  prior  to  the  day  of  election. 
Such  voter  shall  make  out  the  regular  application  blank,  and  in  addition 
fill  out  a  blank  to  be  furnished  by  the  county  auditor,  showing  the  pre- 
vious registration,  the  number  and  name  of  the  precinct,  and  how  such 
previous  registration  came  to  be  made,  and  deliver  the  same  to  the  county 
auditor,  who  shall  deliver  such  statement  to  the  inspector  of  the  precinct 
in  which  the  voter  was  first  registered,  and  such  county  auditor  shall 
make  a  note  in  red  ink  on  both  of  the  registration  books  of  the  precinct 
in  which  such  voter  was  first  registered,  opposite  the  name  of  such  voter, 
calling  attention  to  such  statement. 

Such  statement  may  be  substantially  in  the  following  form: 

At  the  October  session,  1922,  of  the  Board  of  Registration,  I  by  mis- 
take registered  in Precinct, Ward, 

Town  or  City  of , Township, 

County,  Indiana,  when  at  such  time  I  was  and  am 

now  a  legal  voter  in Precinct, Ward, 

Town  or  City  of Township, 

County,  Indiana. 


1922. 


Any  legal  voter  who  2tt  the  October  session  of  the  registration  board 
shall  by  mistake  have  registered  in  the  wrong  precinct  and  is  not  aware 


38 

of  the  fact  until  he  presents  himself  to  vote,  may  be  registered  and  per- 
mitted to  vote  in  the  correct  precinct.  Such  voter  shall  make  out  a  reg- 
ular application  for  registration  and  procure  from  the  election  board  in 
which  he  is  wrongfully  registered  a  statement  signed  by  the  judges  and 
each  of  the  clerks,  setting  forth  the  fact  that  such  voter  is  registered  in 
such  precinct,  and  also  procure  a  statement  signed  and  sworn  to  by  two 
qualified  voters  of  the  precinct  in  which  such  person  is  entitled  to  vote, 
setting  forth  that  such  person  is  the  person  he  represents  himself  to  be, 
that  he  is  a  resident  of  such  precinct,  and  that  he  has  resided  therein  a 
sufficient  length  of  time  to  qualify  him  to  vote  therein. 

Upon  the  presentation  of  said  application  and  statement  of  the  judges 
and  clerks  of  the  precinct  in  which  he  was  wrongfully  registered  and  the 
verified  statement  of  the  two  resident  voters  of  the  precinct  in  which  he 
offers  to  vote,  such  person's  name  shall  be  placed  upon  the  registration 
books  of  such  precinct  and  he  shall  be  permitted  to  vote.    (Sec.  50.) 

Such  certificate  may  be  substantially  in  the  following  form: 

STATE   OF  INDIANA,  1 

COUNTY  OF ]  ^^' 

We,  the    undersigned,  judges  and  clerks  of    the  election  board  of 

Precinct, Ward, Town  or  City 

of , Township, County, 

Indiana,  hereby  certify  that is 

duly  registered  in  said  precinct,  this  the  7th  day  of  November,  1922. 

Judge. 

Judge. 

Clerk. 

Clerk. 


Statement  of  Two  Qualified  Voters. 

Such  statement  may  be  substantially  in  the  following  form: 

STATE  OF  INDIANA,  ( 

COUNTY    OF.. j   ^^^• 

We,  the  undersigned,  legal  voters  of Precinct, 

Ward, Town  or  City  of , 

Township, County,  Indiana,  each  being  first  duly 

sworn,  upon  oath  says  that  he  or  she  is  personally  acquainted  with 

,  who  is  a  resident  of  said 

precinct,  residing  at in  said 

precinct,  and  personally  know  that  he  or  she  has  resided  therein  a  suf- 
ficient length  of  time  to  qualify  him  or  her  to  vote  therein,  and  that 
such  voter  is  the  same  person  he  or  she  represents  himself  or  herself 
to  be. 

Signed Resides  at 

Signed Resides  at 

Subscribed  and  sworn  to  before  me,  this  7th  day  of  November,  1922. 
» ,  Inspector. 


39 

Duties  of  the  Registration  Board. 

When  the  registration  board  opens  its  session  for  the  receipt  of 
applications,  each  clerk  of  the  registration  board  shall  take  one  of  the 
registration  books,  and  record  therein  the  names  in  order  of  application. 
The  names  of  the  male  and  female  voters  shall  be  recorded  in  separate 
parts  of  the  registration  book,  or  if  on  account  of  the  large  number  of 
voters,  in  separate  books.    (Sec.  33.) 

Names  of  Applicants  to  Be  Written  in  Registration  Books. 

As  applications  are  accepted  by  the  board,  the  names  of  the  appli- 
cants shall  be  written  by  the  clerks  in  the  registration  books  in  the 
order  in  which  they  were  received  and  numbered  in  regular  order,  and 
both  clerks  shall  indorse  their  initials  on  the  back  of  the  application  and 
number  it  to  correspond  with  the  number  of  the  registry  name.  During 
the  day  when  the  board  is  not  busy  with  the  receiving  of  applications 
and  writing  of  names  in  the  registration  books,  the  clerks  should  be 
filling  out  the  various  columns  of  their  registration  books  by  writing  in 
the  proper  columns  after  each  name  the  data  contained  in  the  application 
as  indicated  in  the  headings  of  the  columns  of  the  books. 

Number  Names  at  October  Session. 

The  clerks  shall  give  the  first  name  registered  at  the  October 
session  the  next  number  coming  after  the  last  registry  number  of  the 
September  session  for  both  men  and  women,  and  number  consecutively 
thereafter. 

Indexing  Names. 

The  registration  board  shall  enter  in  the  back  or  index  part  of  the 
books,  the  registered  names  therein  in  alphabetical  order  as  to  sur- 
names, with  a  reference  to  the  registration  numbers.    (Sec.  30.) 

Applications  Placed  in  Envelopes. 

After  all  applications  have  been  entered  in  the  registration  books  of 
the  precinct,  the  board  shall  place  such  applications  for  registration  and 
re-registration,  arranged  separately  for  men  and  women,  in  numerical 
order,  in  substantial  envelopes  or  wrappers,  securely  fasten  the  same 
and  indorse  thereon  the  name  of  such  precinct,  ward,  town  or  city,  town- 
ship and  county,  and  the  members  of  the  board  shall  sign  their  names 
to  such  indorsement  on  both  envelopes. 

When  Board  May  Adjourn. 

The  board  shall  not  adjourn  until  it  has  entered  the  names  of  all 
applicants  for  registration  in  the  books,  certified  to  the  same,  and  com- 
piled all  of  the  names  in  alphabetical  order  with  reference,  to  their  num- 
bers in  the  index  in  the  back  part  of  the  registration  books,  and  has 
arranged  all  applications  received  of  both  men  and  women  in  regular 
order  as  to  numbers  and  placed  them  in  the  envelopes,  filled  up  £he  data 
thereon,  and  signed  the  same.     (Sec.  33.) 


40 

Certificate  of  Registration  Board. 

After  all  the  applications  for  both  men  and  women  have  been  entered 
in  both  registration  books,  and  all  the  names  entered  in  the  alphabetical 
index  in  the  back  part  thereof,  the  registration  board  at  the  close  of  each 
session  shall  immediately  below  the  last  name  registered,  place  the  fol- 
lowing certificate,  which  shall  be  signed  by  each  member  of  the  board, 
to-wit: 

The  foregoing  is  a  correct  registration  of  all  applications  received 

by  the  board  of  registration  for Precinct, Ward,  in 

the  Town  or  City  of. , Township,  in  the  County  of 

• ,  at  the  regular   ; session  of 

(September  or  October) 

said  Board,  held  on  the day  of ,  19 

Disposition  of  Books  and  Blanks. 

The  inspector  or  the  clerk  in  charge  shall  take  charge  of  the  regis- 
tration books  and  applications  together  with  all  unused  blanks  and  sta- 
tionery and  deliver  the  same  to  the  county  auditor  the  next  working  day 
after  the  session  of  the  board. 

Duties  of  County  Auditor. 

The  auditor  shall  cause  books  and  blanks  to  be  printed;  deliver"  the 
same  to  the  inspector  or  clerk  in  charge  ten  (10)  days  before  the 
session  of  the  registration  board;  publish  notice  of  the  time  and  place 
of  the  session  of  the  registration  board  at  least  ten  (10)  days  before 
the  session  (Sec.  30);  make  note  in  red  ink  on  the  registration  books 
where  voter  has  re-registered  (Sec.  26);  make  and  certify  a  complete 
copy  of  the  names  on  the  registration  books,  the  address  of  the  voter, 
and  his  or  her  registration  number,  and  furnish  a  copy  to  each  of  the 
chairmen  of  the  parties  casting  the  highest  and  next  to  highest  vote  for 
secretary  of  state  at  the  last  preceding  general  election  in  the  county, 
within  ten  (10)  days  after  each  registration  session  (Sec.  40);  and  at 
the  time  the  ballots  and  other  election  supplies  are  received  by  the  in- 
spectors for  the  November  election,  or  by  some  other  member  of  the 
election  board  authorized  in  writing  by  the  inspector  to  receive  the 
same,  the  auditor  shall  deliver  the  registration  blanks,  books,  applica- 
tions and  affidavits  returned  by  the  registration  board,  and  said  inspector 
shall  have  the  same  present  in  his  precinct  on  election  day,  and  within 
three  (3)  days  thereafter,  he  shall  deliver  them  to  the  auditor's  office. 
(Sec.  46.) 

Change  of  Name. 

If,  after  registration  and  prior  to  the  date  of  election,  the  voter's 
name  is  changed  by  marriage  or  divorce,  or  decree  of  court,  such  voter 
in  order  to  be  entitled  to  vote  at  such  election  and  before  receiving  his 
or  her  ballot,  shall  file  with  the  election  board  a  certified  copy  of  the 
decree  of  the  court  or  the  certificate  of  marriage,  which  shall  be  pre- 
served and  returned  by  the  election  board  to  the  county  auditor  or 
the  city  clerk,  as  the  case  may  be.     (Sec.  38.) 


41 

Challenges. 

The  law  makes  no  provisions  for  challenging  an  applicant  for 
registration. 

At  the  election,  a  voter  may  he  challenged,  in  addition  to  the  exist- 
ing causes  for  challenge,  •  on  the  ground  that  he  or  she  is  not  registered 
in  the  precinct  where  he  or  she  offers  to  vote.  The  person  so  challenged 
shall  not  be  permitted  to  vote  until  he  or  she  makes  and  presents  an 
affidavit  that  he  or  she  is  registered  and  that  he  or  she  is  the  identical 
person  who  is  registered  under  the  name  under  which  he  or  she  intends 
to  vote.  Upon  such  challenge,  the  election  officers  of  the  precinct  shall 
inspect  the  application  for  registration  and  the  registration  books,  and 
if  they  are  satisfied  that  the  affidavit  of  such  person  is  false,  they  shall 
order  his  or  her  arrest  at  once:  Provided, .  That  no  person  shall  be 
allowed  by  the  officers  to  vote  at  the  election  whose  name  is  not  reg- 
istered, even  though  there  be  no  challenge.     (Sec.  47.) 

Registration  for  City  Election. 

In  cities  of  the  first  and  second  classes  a  registration  shall  be  had, 
the  same  as  in  general  elections  except  that  the  duties  required  by  the 
board  of  county  commissioners  shall  be  performed  by  the  city  council, 
except  that  the  city  clerk  shall  appoint  the  clerks  of  registration.  The 
city  clerk  shall  also  perform  all  the  duties  required  of  the  county 
auditor,  and  the  rights  of  nominating  registration  officers  by  chairmen 
of  political  parties  of  the  county  shall  be  exercised  by  the  respective  city 
chairmen.  The  expenses  of  this  registration  shall  be  borne  by  the  city. 
(Sec.  48.) 

Offenses.  •    ^ 

It  shall  be  unlawful  for  any  person  who  is  not  a  voter,  and  who 
will  not  be  a  voter  at  the  next  ensuing  general  election,  to  apply  for 
registration  (Sec.  19);  or  to  procure  himself  or  herself  to  be  registered 
as  a  voter;  or  to  make  any  false  statement  in  any  application  that  he 
or  she  may  present  to  the  registration  board  for  the  purpose  of  pro- 
curing himself  or  herself  or  other  person  to  be  registered  (Sec.  43);  to 
present  any  application  containing  false  statement;  or  to  subscribe  the 
name  of  any  other  person  to  any  application  for  registration  (Sec.  44). 

It  shall  be  unlawful  for  any  member  of  the  registration  board  to 
wilfully  neglect  to  perform  any  duty  as  provided  for  in  the  registration 
law,  or  to  do  any  act  prohibited  therein,  for  which  punishment  is  not 
otherwise  provided.  Any  member  of  the  registration  board  or  any 
public  officer,  upon  whom  any  duty  is  imposed  by  the  registration  law, 
who  shall  wilfully  neglect  to  perform  such  duties,  or  to  do  any  act 
prohibited  therein  for  which  punishment  is  not  otherwise  provided,  shall 
be  deemed  guilty  of  a  felony,  and  upon  conviction  shall  be  punished  by 
imprisonment  and  by  a  fine,  and  be  disfranchised  and  rendered  ineligible 
for  holding  any  office  for  any  determinate  period  not  less  than  five  (5) 
years.     (Sec.  45.) 

Removal  of  Names  From  Registration  Books. 

One  or  more  electors  of  any  election  precinct  may  apply  in  writing 
to  any  judge  of  the  circuit,  superior  or  probate  court  of  the  county  for, 


42 

an  order  *to  strike  from  the  registration  books  the  name  of  any  person 
he  or  they  believe  is  not  entitled  to  vote  in  such  precinct,  provided 
such  application  is  made  not  later  than  ten  days  before  an  election,  and 
is  accompanied  by  their  affidavit  setting  forth  their  reasons  for  believing 
such  person  is  not  entitled  to  vote. 

Said  judge  shall  forthwith  consider  such  application  and  if  he  de- 
termines from  said  affidavit  or  other  evidence  that  there  is  reasonable 
ground  for  believing  that  said  person  is  not  entitled  to  vote  in  said 
precinct,  he  shall  forthwith  cause  notice  of  such  application  to  be  served 
by  the  sheriff  upon  such  person;  and  if  such  person  is  not  found,  then 
notice  shall  be  served  by  leaving  a  copy  thereof  at  the  place  designated 
in  the  registration  books  to  be  his  residence.  Return  thereof  shall  be 
made  within  forty-eight  hours.  Said  notice  shall  briefly  state  the  sub- 
stance of  the  application  and  shall  order  such  person  to  appear  before 
said  judge  either  in  person  or  by  representative  in  the  court  house  of 
the  county  in  which  such  precinct  is  situated  at  an  hour  named  therein 
which  shall  be  not  less  than  two  nor  more  than  five  days  after  service 
of  such  notice;  at  the  hour  named  in  said  notice  for  the  appearance  of 
such  person,  the  judge  shall  summarily  proceed  to  investigate  whether 
such  person  is  entitled  to  vote.  Witnesses  may  be  summoned  in  the 
usual  way  to  testify  in  regard  thereto. 

If  the  judge  shall  find  that  the  person  is  not  entitled  to  vote,  he 
shall  order  such  name  to  be  stricken  from  the  registration  books  by  an 
order  directed  to  the  inspector  of  said  precinct,  and  which  order  shall  be 
served  by  the  sheriff  or  coroner  on  the  inspector  of  the  precinct,  who 
shall  strike  the  name  of  such  person  from  the  registration  books  on  the 
evening  of  the  day  before  the  election  unless  notified  not  to  do  so. 

All  persons  who  have  not  been  personally  served,  and  have  not 
entered  their  appearance,  shall  have  the  right  to  apply  to  said  judge 
at  any  time  before  four  o'clock  p.  m.  on  the  day  before  the  election  to 
have  said  order  set  aside,  and,  if  upon  the  hearing  of  said  application, 
the  said  judge  shall  decide  that  said  person  is  entitled  to  vote,  he  shall 
set  aside  said  order  and  cause  notice  to  be  served  on  the  election  in- 
spector. Fees  of  the  sheriff,  clerk  or  coroner  shall  be  the  same  as  are 
allowed  in  civil  cases;  and  in  case  a  final  order  is  not  made  granting 
the  apiplication,  the  costs  of  such  proceeding  shall  be  paid  by  the  electors 
making  the  application;  otherwise  the  costs  shall  be  paid  by  the  county 
as  part  of  the  election  expenses. 

The  judge  in  such  proceeding  shall  appoint  special  deputy  sheriffs 
when  requested  to  do  so  and  nominated  by  the  chairman  of  any  political 
party  having  a  ticket  on  the  official  ballot.  These  sheriffs  shall  have 
authority  to  serve  and  return  such  notices.  The  return  of  such  notices 
shall  be  supported  by  an  oath  of  the  person  making  such  service,  whether 
he  b6  sheriff  or  a  special  deputy.  All  such  special  sheriffs  shall  be  paid 
by  the  political  committee  whose  chairman  nominated  him,  and  said 
pay  shall  not  exceed  ten  dollars  per  day.     (Sec.  57.) 


INTERPRETATION  OF  THE 
ABSENT  VOTERS'  LAW 


(43) 


INTERPRETATION  OF  THE  ABSENT  VOTERS'  LAW. 

Classes  of  Elections  Covered  By  This  Law. 

This  law  applies  to  general,  special,  primary  and  municipal  elections. 

Classes  of  Electors  to  Whom  This  Law  Applies. 

(1)  Any  qualified  and  duly  registered  elector  of  the  state  who  is 
absent  or  expects  to  be  absent  from  the  county  in  which  he  is  qualified 
on  the  day  of  election  by  reason  of  illness  or  the  nature  of  his  busi- 
ness, or  other  unavoidable  cause,  may  vote  under  the  provisions  of  this 
law.     (Sec.  63.) 

(2)  Any  duly  qualified  and  registered  voter  of  the  state  remain- 
ing within  the  county  in  which  he  resides,  who,  because  of  illness,  is 
unable  to  attend  the  polls,  may  vote  under  the  provisions  of  this  act. 
This  law  has  no  application  to  an  elector  who  resides  temporarily  out 
of  his  precinct.     (Sec.  63.) 

(3)  Any  duly  qualified  and  registered  voter  of  the  state  remain- 
ing within  the  county  in  which  he  resides,  who  by  reason  of  physical 
infirmity  or  by  reason  of  being  quarantined  has  reason  to  believe  that 
he  will  be  unable  to  attend  the  polls,  may  vote  under  the  provisions  of 
this  law.     (Sec.  80.) 

(4)  Any  qualified  elector  who  is  present  in  his  county  after  the 
official  absent  voters'  ballots  of  and  for  such  county  have  been  printed 
and  delivered  to  the  clerk  of  the  circuit  court,  and  who  has  reason  to 
believe  that  he  will  be  absent  from  his  county  on  election  day,  may 
vote  before  he  leaves  his  county  in  like  manner  as  an  absent  voter. 
(Sec.  82.) 

Electors  May  Return  and  Vote  in  Person. 

(1)  If  an  elector  having  applied  for  and  received  an  absent  voters' 
ballot  or  ballots,  shall  return  to  his  precinct  and  go  to  the  polls  on 
election  day,  he  can  vote  in  person  if  he  return  the  absent  voters' 
ballot  or  ballots  unmarked  to  the  election  inspector.    (Sec.  79.) 

(2)  If  he  has  marked  and  returned  such  ballot  or  ballots  and  arrives 
at  the  polls  before  such  ballot  or  ballots  have  been  deposited  in  the 
ballot  box  by  the  election  inspector,  he  can  have  such  ballot  or  ballots 
taken  from  its  sealed  envelope  and  deposited  in  his  presence,  or  he 
may  demand  a  new  ballot  or  ballots  and  vote  in  person,  in  which  case 
the  envelope  containing  such  absent  voters'  ballot  or  ballots  shall  not  be 
opened,  but  shall  be  endorsed  "unopened  because  voter  appeared  and 
voted  in  person,"  and  such  envelope  shall  be  preserved  in  the  same  man- 
ner as  defective  ballots.     (Sec.  83.) 

Duties  of  an  Elector  to  Vote  as  an  Absent  Voter — Application. 

Every  elector  desiring  to  vote  as  an  absent  voter  must  make  applica- 
tion either  in  person  or  by  mail  to  the  clerk  of  the  circuit  court  of  the 
county,  or  the  clerk  of  the  town  or  city  in  case  of  a  municipal  election, 
for  an  official  ballot  or  ballots.    (Sec.  64.) 

(45) 


46 

Time  of  Filing  Such  Application. 

This  application  must  be  made  not  more  than  thirty  nor  less  than 
two  days  prior  to  the  date  of  the  election.     (Sec.  64.) 

The  application  must  be  made  to  and  received  by  the  clerk  before 
the  delivery  of  the  official  ballots  to  the  election  inspector  of  the  pre- 
cinct of  the  voter's  residence.     (Sec.  80.) 

Form  of  Application. 

The  application  must  be  made  in  writing  upon  a  blank  form  to  be 
furnished  upon  request  by  the  clerk.     (Sec.  65.) 

The  application  must  be  signed  and  sworn  to  before  some  officer 
authorized  by  law  to  administer  oaths,  and  having  an  official  seal. 
The  clerk  will  administer  this  oath  if  the  voter  makes  the  application 
in  person.    The  following  is  the  form  of  the  application: 

APPLICATION  FOR  ABSENT  VOTER'S  BALLOT  TO  BE  VOTED 
AT  THE  GENERAL  ELECTION,  NOVEMBER  7,  1922. 

State  of  Indiana,  )  ^^ 
County  of J  ^^• 

I, ,  do  solemnly  swear  (or  affirm) 

that  I  have  been  a  resident  of  the  State  of  Indiana  for  six  (6)  months, 

and  of Township, County 

for  sixty   (60)    days,  and  of  the precinct  of 

township  or  of  the precinct 

of  the ward  of  the  city  of 

for  thirty  days  next  preceding  the  general  election,  to  be  held  on  the 
7th  day  of  November,  1922; 

That  I  am  a  duly  qualified  elector  entitled  to  vote  in  such  precinct 
at  such  election; 

That  I  am  registered  in  the  precinct  of  my  residence  as  provided 
by  law; 

That  I  am  twenty-one  (21)  years  old  or  more  or  shall  have  attained 
the  age  of  twenty-one  (21)  years  prior  to  the  general  election  in  No- 
vember, 1922. 

That  I  shall  be  entitled  to  vote  at  such  election; 

That  I  am (stating  business) ; 

That  because  of  the  nature  of  my  business  or  employment  or  for 

the  following  reason (relating  unavoidable 

cause  of  absence)  I  expect  to  be  absent  from  the  county  of  my  residence 
on  November  7,  1922,  the  date  of  such  general  election; 

That  because  of  (1)  illness  or  (2)  physical  infirmity  or  (8)  being 
quarantined  I  expect  to  be  unable  to  attend  the  polls  on  November  7, 
1922,  the  dafje  of  such  general  election. 

I  hereby  make  application  for  an  official  ballot  to  be  voted  by  me 
at  such  electid.n,  and  I  hereby  swear  (or  affirm)  that  I  will  return  such 
ballot  to  the  ot^cer  issuing  it  on  or  before  the  day  of  such  election. 

I  expect  to  vote  for  the  candidates  of  the 

political  party  ^t  the  election  at  which  the  candidates  chosen  at  this 
primary  election  will  be  voted  upon; 


47 

I  voted  for  a  majority  of  the  candidates  of  the  said  party  at  the 
last  preceding  general  election.  (Applicant  must  cross  this  off  if  he 
did  not  vote  at  the  last  preceding  general  election.) 

I  expect  to  affiliate  myself  with  the political 

party  and  I  expect  to  vote  for  the  candidates  of  the  said  party  at  the 
election  at  which  the  candidates  chosen  at  the  primary  election  will  be 

voted  upon 

■  Date. 

Signed 

Home  address  of  applicant 

Postoffice  address  to  which  ballot  is  to  be  sent 

Subscribed  and  sworn  to  before  me  this day  of 

October,  A.  D.  1922. 

My  commission  expires 192 . . 

(Official  Title) 

This  application  must  be  made  not  more  than  thirty  nor  less  than 
two  days  prior  to  date  of  election,  and  must  be  signed  and  sworn  to 
before  some  officer  authorized  to  administer  oaths,  having  an  official 
seal.  The  clerk  of  the  circuit  court  will  enclose  this  APPLICATION 
together  with  the  UNOPENED  envelope  containing  the  absent  voters' 
ballots,  in  the  carrier  envelope  and  securely  seal  the  same. 

How  to  Procure  Official  Absent  Voters'  Ballots. 

After  he  has  filed  his  application  the  elector  can  get  an  official 
absent  voters'  ballot  or  ballots  by  applying  in  person  at  the  office  of 
the  clerk  not  more  than  ten  nor  less  than  one  secular  day  before  the 
election.     (Sec.  67.) 

In  the  case  of  an  election  held  on  Tuesday,  the  last  day  for  making 
such  personal  demand  for  such  ballots  will  be  Saturday  preceding  the 
election. 

The  elector  may,  if  he  chooses,  wait  until  such  official  absent  voters' 
ballot  or  ballots  are  sent  to  him  by  the  clerk  through  the  mail.    (Sec.  67.) 

How  to  Fill  Out  and  Mark  Absent  Voters'  Ballots. 

(1)  The  ballot  will  be  sent  to  the  voter  in  an  unsealed  envelope, 
addressed  on  its  face  to  the  clerk.  On  the  reverse  side  of  this  envelope 
will  be  the  affidavit  set  out  in  Section  68  of  this  pamphlet. 

This  must  be  filled  out  and  subscribed  before  some  officer  authorized 
to  administer  oath  and  having  an  official  seal.     (Sec.  69.) 

(2)  In  the  presence  of  such  officer  alone,  no  other  person  being 
present,  the  voter  must  mark  the  ballot  or  ballots  (in  case  more  than 
one  such  ballot  is  to  be  voted  at  siich  election)  in  such  manner  that 
the  officer  cannot  know  how  such  ballot  or  ballots  is  marked.     (Sec.  69.) 

Pen  and  ink,  or  lead  pencil  of  any  color  may  be  used  in  such  mark- 
ing.    (Sec.  70.) 

(3)  In  the  presence  of  such  officer  alone  the  voter  shall  fold  the 
ballot  or  ballots  after  it  is  so  marked,  each  ballot  separately,  in  such  a 
manner  as  to  conceal  the  marking.     (Sec.  69.) 

(4)  In  the  presence  of  such  officer  the  voter  shall  enclose  such 


48 

ballot  or  ballots  so  marked  and  folded,  together  with  any  unused  bailor 
in  the  envelope  on  the  reverse  side  of  which  is  the  affidavit  set  out  above 
and  securely  seal  the  same.     (Sec.  69.) 

(5)  The  voter  shall  then  mail  the  envelope  so  sealed  by  registerec 
mail,  postage  prepaid,  tlo  the  clerk,  or  he  may  deliver  it  in  person 
(Sec.  69.) 

Time  Such  Ballot  Must  Be  Returned. 

The  ballot  or  ballots  so  marked  must  be  in  the  hands  of  the  clerk 
in  time  for  him  to  deposit  it  with  the  election  board  of  the  voter's  pre- 
cinct before  the  closing  of  the  polls  on  election  day.     (Sec.  69.) 

Absent  Voter  May  Vote  Leaving  County. 

In  event  one  is  present  in  his  county  after  the  printing  and  delivery 
of  the  official  absent  voters'  ballot,  and  has  reason  to  believe  that  he 
will  be  absent  from  his  county  on  election  day,  he  may  vote  before  he 
leaves  by  marking  his  ballot  before  the  clerk  or  some  other  officer 
authorized  to  administer  oaths  and  having  an  official  seal.  (Sec.  82.) 
Such  a  voter  must  make  application  and  mark  and  return  his  ballot  in 
like  manner  as  an  absent  voter. 

Absent  Voter  My  Return  and  Vote  in  Person. 

Any  elector  after  having  filed  an  application  and  received  an  ab- 
sent voters'  ballot  or  ballots,  if  he  shall  return  to  his  precinct  and  pre- 
sent himself  at  the  polls  while  they  are  open,  may  vote  in  person.  If 
he  has  not  marked  such  ballot  or  ballots  he  must  return  them  to  the 
election  inspector.  (Sec.  79.)  If  he  has  marked  and  returned  them  to 
the  clerk  before  so  appearing  at  the  polls,  he  may  have  the  sealed 
envelope  containing  his  absent  voters'  ballot  or  ballots  opened  in  his 
presence,  or  he  may  elect  to  have  a  new  ballot  or  ballots  and  to  vote  in 
person  in  which  event  the  sealed  envelope  containing  the  absent  voters' 
ballot  or  ballots  shall  remain  unopened  and  shall  be  endorsed  "unopened 
because  voter  appeared  and  voted  in  person,"  and  such  envelope  shall 
be  preserved  in  the  same  manner  as  defective  ballots.     (Sec.  83.) 

Penalties  for  Misconduct  of  Elector. 

If  anyone  wilfully  swears  falsely  to  any  affidavit  he  shall  be  guilty 
of  perjury  and  upon  conviction  be  punished  as  provided  by  law.  Any- 
one, who,  having  procured  an  official  ballot  or  ballots,  shall  wilfully 
neglect  or  refuse  to  cast  or  return  the  same  in  the  manner  herein- 
before provided,  or  who  shall  wilfully  violate  any  of  the  provisions  of 
this  law,  shall  be  guilty  of  a  misdemeanor  and  upon  conviction  shall  be 
subject  to  a  fine  of  not  to  exceed  $250  or  to  fmprisonment  in  the  county 
jail  for  a  period  not  to  exceed  six  months.     (Sec.  77.) 

DUTIES  OF  THE  CLERK  OF  THE  CIRCUIT  COURT. 

Estimates  of  Number  of  Absent  Voters'  Ballots  Required. 

Not  less  than  twenty-five  days  prior  to  the  date  on  which  any  gen- 
eral, primary  or  special  election  is  held  he  shall  estimate  and  deter- 


49 

mine  the  number  of  absent  voters'  ballots  of  all  kinds  which  will  be 
required  in  his  county.  (Sec.  84.)  No  method  for  making  this  estimate 
is  set  out  in  this  law. 

Certificate  to  State  Board  of  Election  Commissioners. 

As  soon  as  he  shall  have  determined  the  number  of  absent  voters' 
ballots  which  will  be  required  he  shall  certify  the  number  so  determined 
upon  to  the  state  board  of  election  commissioners.     (Sec.  83.) 

The  county  board  of  election  commissioners  makes  its  own  esti- 
mates for  such  absent  voters'  ballots  as  are  to  be  prepared  under  its 
direction.     (Sec.  84.) 

Date  of  Receiving  Ballots. 

The  ballots  prepared  by  the  county  board  of  election  commission- 
ers are  to  be  delivered  to  the  clerk  of  the  circuit  court  not  less  than 
ten  days  prior  to  the  day  of  the  election  in  which  they  are  to  be  used. 
(Sec.  84.) 

The  ballots  prepared  by  the  state  board  of  election  commissioners 
are  to  be  delivered  to  the  clerk  of  the  circuit  court  or  his  specially 
authorized  deputy  at  the  same  time  and  in  the  same  manner  that  other 
official  ballots  are  delivered.  Sec.  6911,  Bums'  Statutes,  1914,  but  each 
package  of  such  absent  voters'  ballots  must  be  plainly  marked  and  a 

label  attached  reading  "This  package  contains absent 

voters'  ballots."  (Sec.  84.)  . 

Ballots — How  to  Keep. 

All  such  ballots  shall  be  kept  securely  in  the  office  of  the  clerk  of 
the  circuit  court  until  delivered  to  the  applicants  as  provided  by  law. 
(Sec.  84.) 

P'reparation  of  Applications. 

The  clerk  of  the  circuit  court  must  prepare  a  sufficient  number  of 
application  forms,  which  he  shall  distribute  to  those  making  requests 
for  them,  either  by  delivering  them  to  those  appearing  in  person  or  by 
mailing  them  to  those  requesting  it.     (Sec.  65.) 

Administering  Oaths  for  Applications. 

He  must  administer  the  oath  attached  to  such  applications  to  all 
such  applicants  as  shall  appear  in  person  at  his  office.     (Sec.  65.) 

Filing  Applications. 

He  shall  file  in  his  office  all  such  applications  as  are  filed  with  him. 
(Sec.  66.) 

List  of  Applications  to  Be  Kept. 

He  shall  keep  a  list  upon  which  he  shall  enter  for  each  application 
filed  the  name  of  the  elector  whose  application  he  has  filed,  the  address 
to  which  the  ballot  or  ballots  are  to  be  sent  and  the  date  of  receiving 
the  application.  He  shall  keep  a  separate  list  for  each  precinct  in  the 
county*.     (Sec.  66.) 

4—22129 


50 

Enclosing  Absent  Voters*  Ballots  in  Envelopes. 

Before  sending  out  any  absent  voters'  ballot  or  ballots  he  shall 
enclose  such  ballot  or  ballots  in  an  unsealed  envelope  bearing  upon  its 
face  the  name,  official  title  and  postoffice  address  of  such  clerk,  and  on 
the  other  side  a  printed  affidavit  as  set  out  in  Section  68. 

Mailing  Absent  Voters'  Ballots  to  Applicants. 

(1)  On  the  15th  day  prior  to  the  election  he  shall  mail  an  official 
ballot  or  ballots,  if  more  than  one  are  to  be  voted  at  such  election,  to 
all  applicants  who  have  executed  and  filed  their  applications  on  or  before 
said  fifteenth  day,  postage  prepaid,  at  the  address  named  in  the  appli- 
cation.    (Sec.  67.) 

Note:  It  will  be  noted  that  Section  5  of  the  law  provides  that  the 
clerk  of  the  circuit  court  shall  mail  these  ballots  on  the  fifteenth  day 
prior  to  the  election.  Section  21  of  the  law  provides  that  the  county 
board  of  election  commissioners  shall  have  until  the  tenth  day  before 
the  election  in  which  to  furnish  to  the  said  clerk  the  ballots  which  they 
prepare  and  the  state  board  of  election  commissioners  have  a  similar 
period  in  which  to  furnish  such  ballots  as  are  to  be  printed  under  their 
direction.  It  can  only  be  possible  for  the  clerk  to  mail  the  ballots  as 
soon  after  the  fifteenth  day  prior  to  the  election  as  he  comes  into  the 
possession  of  such  ballots  in  the  event  of  either  or  both  of  the  election 
boards  failing  to  deliver  the  official  ballots  by  that  date. 

(2)  He  shall  mail  to  all  applicants  whose  applications  are  filed 
after  the  fifteenth  day  prior  to  such  election  and  at  some  time  between 
that  date  until  and  including  the  second  day  before  the  election,  but  not 
after  such  second  day,  on  the  date  of  the  filing  of  such  application,  an 
official  ballot  or  ballots  in  the  way  and  manner  the  applications  were 
mailed  on  said  fifteenth  day.     (Sec.  67.) 

Fifteenth  and  Second  Day  Before  Elections — How  Computed. 

In  computing  the  fifteenth  day  before  the  election  day  and  the  secr 
ond  day  before  the  election  day  the  date  of  the  election  shall  be  excluded, 
and  if  said  fifteenth  day  or  said  second  day  fall  on  a  legal  holiday, 
then  the  official  ballot  or  ballots  shall  be  mailed  the  day  prior  to  said 
day.  (Sec.  67.)  In  the  case  of  the  general  election,  held  on  the  first 
Tuesday  after  the  first  Monday  in  November,  the  second  day  before 
the  election  day,  excluding  Sunday,  will  always  fall  on  Saturday,  and 
this  will  be  the  last  day  provided  for  mailing  out  absenf  voters'  ballots. 

Personal  Delivery  of  Absent  Voters'  Ballots  in  the  Clerk's  Office. 

The  clerk  of  the  circuit  court  shall  deliver  an  official  ballot  or 
ballots  to  all  those  who  have  previously  filed  applications  and  who  shall 
appear  personally  at  his  office  not  more  than  ten  nor  less  than  one 
secular  day  before  such  election.  (Sec.  67.)  In  case  of  all  general 
elections  held  on  the  first  Tuesday  after  the  first  month  in  November, 
the  Saturday  previous  to  such  Tuesday  will  be  the  last  day  upon  which 
delivery  can  be  made. 


51 

Personal  Delivery  of  Absent  Voters*  Ballots  at  Clerk's  Office. 

The  clerk  may  at  his  office  deliver  such  ballot  or  ballots  to  the 
applicant  personally  or  to  the  duly  authorized  agent  of  the  applicant 
not  more  than  ten  nor  less  than  one  secular  day  before  such  election. 
(Sec.  67.) 

No  Ballots  to  Be  Delivered  on  Election  Day. 

No  absent  voters'  ballots  shall  be  delivered  in  such  manner  as  to 
be  received  by  any  elector  on  election  day.     (Sec.  80.) 

Sealing  and  Signing  Absent  Voters'  Ballots. 

Before  mailing  or  delivering  any  ballot  the  Clerk  shall  affix  his 
official  seal  and  place  his  signature  near  the  lower  left  hand  comer  of 
the  back  thereof,  leaving  sufficient  space  on  the  margin  for  the  initials 
of  the  poll  clerk.    (Sec.  67.) 

Administering  Oaths  for  Ballots. 

He  shall  administer  the  oath  for  the  affidavit  set  out  in  Section  6, 
which  affidavit  appears  on  the  reverse  side  of  the  envelope  in  which  the 
ballots  are  delivered  to  the  applicants,  if  any  qualified  elector  who,  being 
in  his  county  after  the  official  absent  voters'  ballot  of  or  for  such  county 
have  been  delivered  and  having  reason  to  believe  that  he  will  be  absent 
from  his  county  on  election  day,  shall  come  in  person  to  the  office  of  the 
clerk.     (Sec.  82.) 

Record  to  Be  Kept  of  All  Absent  Voters'  Ballots. 

On  the  same  list  upon  which  he  keeps  a  list  of  the  applications 
received  by  him,  the  clerk  shall  enter  the  date  of  mailing  the  ballot 
or  ballots  to  any  elector  who  has  filed  his  application,  the  date  of 
receiving  the  ballot  or  ballots  from  such  elector,  and  such  other  infor- 
mation as  may  seem  necessary  or  advisable.  (Sec.  66.)  He  shall  keep 
a  record  of  all  ballots  so  delivered  for  the  purpose  of  absent  voting  as 
well  as  all  ballots  marked  before  him.     (Sec.  81.) 

Note:  One  record  will  suffice  for  both  applications  and  ballots.  It 
must  contain  the  names  of  the  electors,  the  addresses  to  which  ballots 
are  to  be  sent,  the  date  of  receiving  the  applications,  the  date  of  mail- 
ing the  ballots  to  said  electors,  or  of  giving  the  ballots  to  such  electors 
in  person,  the  date  of  receiving  the  ballots  from  such  electors  (Sec.  79), 
and,  in  addition,  the  names  and  addresses  of  those  electors  wh«  have 
marked  their  ballots  before  the  clerk  of  the  circuit  court  and  the  dates 
when  such  ballots  were  so  marked.  This  record  shall  be  kept  separately 
by  precincts. 

Marked  Ballots  to  Be  Enclosed  by  the  Clerk. 

He  shall  forthwith  enclose,  unopened,  the  absent  voters'  ballot  or 
ballots  of  any  elector,  together  with  the  application  made  by  such  elector 
in  a  large  or  carrier  envelope  which  he  shall  securely  seal  and  indorse 
with  his  name  and  official  title,  and  also  the  words,  "This  envelope  con- 
tains an  absent  voters'  ballot  and  must  be  opened  only  at  the  polls  on 
election  day  while  such  polls  are  open."     (Sec.  71.) 


52 

Enclosed  Ballots— How  Filed. 

He  shall  keep  the  same  so  sealed  and  endorsed  in  his  office  until 
delivered  by  him  to  the  election  inspector  of  the  voter's  precinct.  (Sec. 
71.) 

Delivery  of  Absent  Voters'  Ballots  to  Election  Inspectors. 

(1)  In  event  he  shall  receive  an  absent  voters'  ballot  from  any 
elector  prior  to  the  delivery  of  the  official  ballots  to  the  election  in- 
spector of  the  precinct  in  which  such  elector  resides,  the  clerk  of  the 
circuit  court  shall  deliver  such  enclosed  ballot  and  application  sealed 
in  the  carrier  envelope  to  the  election  inspector  of  such  precinct  along 
with  such  official  ballot.     (Sec.  72.) 

(2)  In  event  that  the  official  ballots  for  such  precinct  have  already 
been  delivered  to  the  election  inspector  of  such  precinct  at  the  time 
the  clerk  receives  such  absent  voters'  ballot,  the  clerk  shall  immediately 
enclose  such  envelope  containing  the  absent  voters'  ballot,  together  with 
his  application,  in  a  carrier  envelope  securely  sealed  and  endorsed  on 
the  face,  to  the  election  inspector  of  the  proper  precinct,  giving  the 
name  or  number  of  precinct,  the  street  and  number  of  the  polling  place 
or  the  city  or  town  in  which  such  absent  voter  is  a  qualified  elector, 
and  the  words,  "This  envelope  contains  an  absent  voters'  ballot  and 
must  be  opened  only  on  election  day  at  the  polls  while  the  polls  are 
open."  And  said  clerk  shall  mail  such  ballot  and  application,  postage 
prepaid,  to  such  election  inspector.     (Sec.  72.) 

(3)  If  more  convenient  the  clerk  may  deliver  such  absent  voters 
ballot  and  application  to  the  election  inspector  in  person  or  by  duly 
deputized  agent,  in  which  case  he,  or  his  agent,  shall  secure  from  the 
election  inspector  a  receipt  for  the  delivery  of  such  ballot  or  ballots. 
If  he  makes  a  personal  delivery  of  such  ballot  or  ballots  to  the  elec- 
tion inspector  such  delivery  must  be  made  without  expense  to  the 
county.     (Sec.  72.) 

Certificate  to  the  Election  Inspectors. 

The  clerk  shall  deliver  to  the  election  inspectors  to  whom  the 
ballots  for  the  precinct  are  delivered  at  the  time  of  the  delivery  of 
such  ballots  a  certificate  stating  the  number  of  ballots  delivered  or 
mailed  to  absent  voters  in  such  precinct,  as  well  as  those  marked  before 
him,  and  the  names  of  the  voters  to  whom  such  ballots  have  been  de- 
livered or  mailed,  or  by  whom  they  have  been  marked,  if  marked  before 
him.     (Sec.  81.) 

Penalties  for  Clerk's  Refusal  -or  Neglect  to  Perform  These  Duties. 

If  the  clerk  shall  refuse  or  neglect  to  perform  any  of  the  duties 
prescribed  in  this  law  or  shall  violate  any  of  the  provisions  thereof, 
he  shall  be  deemed  guilty  of  a  misdemeanor  and  be  subject  to  a  fine  of 
not  less  than  $250  nor  more  than  $500,  or  to  imprisonment  in  the  county 
jail  for  a  period  of  not  to  exceed  six  months.     (Sec.  77.) 

Duties  of  City  and  Town  Clerks. 

In  city  and  town  elections  the  duties  prescribed  for  the  clerk  of 
the  circuit  court  are  to  be  performed  by  the  city  or  town  clerk.  (Sec. 
80.) 


53 

DUTIES  OF  ELECTION  OFFiaALS. 

The  Preparation  of  the  Ballots — By  Whom  Prepared. 

(1)  Absent  voters'  ballots  shall  be  in  all  respects  like  other  ballots 
(Sees.  81  and  84),  and  are  to  be  prepared  by  the  state  board  of  election 
commissioners  if  they  are  for  the  election  of  officers,  or  the  ratification, 
acceptance  or  rejection  of  any  measure  or  proposition  to  be  voted  for  by 
the  electors  of  the  state  at  large  and  by  the  various  other  boards  of  elec- 
tion commissioners  if  they  are  for  the  election  of  any  officer  to  be  voted 
for  other  than  by  all  the  electors  of  the  state.     (Sees.  80,  84.) 

When  Prepared  and  Delivered. 

(1)  The  several  county  boards  of  election  commissioners  shall  imme- 
diately proceed  to  prepare  and  have  printed,  in  such  number  as  they  shall 
have  determined,  such  absent  voters'  ballots  as  are  to  be  printed  under 
their  direction.  They  shall  deliver  such  ballots  to  the  clerks  of  the  circuit 
court  of  the  counties  not  less  than  ten  days  prior  to  the  day  of  the  elec- 
tion at  which  they  are  to  be  used.     (Sec.  84.) 

(2)  After  the  clerks  of  the  circuit  courts  shall  have  certified  the 
number  of  absent  voters'  ballots  which  will  be  required  in  their  several 
counties  to  the  state  board  of  election  commissioners,  such  board  shall 
have  prepared  such  ballots  as  are  to  be  prepared  under  its  direction  and 
shall  deliver  the  same  to  the  clerks  of  the  circuit  courts  at  the  same  time 
and  in  'the  same  manner  that  other  official  ballots  are  delivered  by  them. 
(Sec.  6911,  Bums  R.  S.  1914.)     (Sec.  84.) 

How  Marked. 

Each  package  of  absent  voters'  ballots  shall  be  plainly  marked  on 
an  appropriate  label  attached  thereto  with  the  words:  "This  package  con- 
tains   (giving  number  of  ballots)  absent  voters'  ballots." 

(Sec.  84.) 

Election  Inspector  to  Receive  Absent  Voters'  Ballots  from  the  Clerk. 

The  election  inspector  shall  receive  from  the  clerk  at  the  same  time 
he  receives  his  official  ballots,  such  ballots  of  absent  voters,  qualified  to 
vote  in  his  precinct,  as  shall  have  been  received  by  the  clerk  at  that  time. 
(Sec.  71.) 

Such  as  are  received  by  the  clerk  after  that  time  shall  be  mailed  to 
the  election  inspector  at  the  polling  place  where  such  absent  elector  is 
qualified  to  vote  or  delivered  in  person  by  such  clerk  or  one  of  his  duly 
deputized  agents  to  said  election  inspector.     (Sec.  72.) 

The  election  inspector  shall  receipt  for  all  such  absent  voters'  bal- 
lots as  shall  be  delivered  to  him  in  person  by  the  clerk  or  any  agent  of 
the  clerk.     (Sec.  72.) 

Election  Inspector  to  Receive  Oerk's  Certificate. 

At  the  time  of  delivering  the  official  ballots  to  the  election  inspector, 
the  clerk  shall  deliver  a  certificate  stating  the  number  of  ballots  de- 
livered or  mailed  to  absent  voters  in  such  election  inspector's  precinct, 
as  well  as  those  marked  before  such  clerk,  and  the  names  of  the  voters 
to  whom  such  ballots  have  been  delivered  or  mailed  or  by  whom  they 
have  been  marked,  if  marked  before  him.     (Sec.  81.) 


54 

Election  Inspector  to  Inspect  Absent  Voter's  Application  and  Affidavit. 

The  election  inspector  in  the  presence  of  the  election  board  at  any 
time  between  the  opening  and  closing  of  the  polls  shall  open  the  outer 
or  carrier  envelope,  which  envelope  contains  both  the  application  of  the 
absent  elector,  and  the  sealed  envelope  enclosing  his  marked  ballot.  He 
shall  announce  the  absent  voter's  name  and  compare  the  signature  upon 
the  application  with  the  signature  upon  the  affidavit  which  appears  on 
the  reverse  side  of  the  smaller  envelope  which  contains  the  ballot.  He 
shall  then  inspect  the  affidavit  to  see  that  it  is  properly  executed  and 
attested.  He  shall  ascertain  (1)  whether  the  applicant  is  a  duly  quali- 
fied elector  of  the  precinct,  (2)  whether  he  is  duly  registered,  (3) 
whether  he  has  voted  in  person  at  such  election,  (4)  whether,  in  case 
of  a  primary  election,  and  in  case  the  applicant  has .  not  previously 
exercised  the  right  of  suffrage,  he  has  executed  the  proper  declaration 
relative  to  his  age  and  qualifications,  and  the  party  with  which  he  in- 
tends to  affiliate.     (Sec.  73.) 

Election  Inspector  to  Open  the  Sealed  Envelope. 

In  case  all  these  matters  are  determined  in  favor  of  the  absent 
voter  the  election  inspector  shall  open  the  envelope  containing  the  ab- 
sent voter's  ballot  or  ballots  in  such  a  way  as  not  to  deface  or  destroy 
the  affidavit  thereon  and  take  out  the  ballot  or  ballots  enclosed  therein 
without  unfolding  or  permitting  the  same  to  be  unfolded  or  examined. 
(Sec.  73.) 

Poll  Clerks  Put  Their  Initials  on  Absent  Voters*  Ballots. 

The  inspector  shall  then  deliver  such  ballots  to  the  poll  clerks  who 
shall  at  once  proceed  to  write  their  initials  in  ink  on  the  lower  left 
hand  comer  of  the  back  of  each  of  such  ballots  in  their  ordinary  hand- 
writing and  without  any  distinguishing  mark  of  any  kind,  and  in  the 
same  manner  as  other  ballots  are  required  to  be  endorsed.     (Sec.  73.) 

Absent  Voters'  Ballots  Subjected  to  Challenge. 

Before  depositing  any  absent  voters'  ballots  in  the  ballot  box,  the 
election  inspector  shall  notify  the  challengers  or  the  poll  book  holders 
of  his  precinct  that  he  is  about  to  deposit  an  absent  voter's  ballot  and 
such  ballot  or  ballots  may  be  challenged  for  cause.  In  case  of  challenge 
the  election  board  shall  have  all  the  power  and  authority  given  by  law 
to  hear  and  determine  the  legality  of  such  ballot  or  ballots  the  same 
as  though  the  ballot  or  ballots  were  cast  by  the  voter  in  person.  (Sec.  74.) 

Election  Inspector  to  Deposit  Absent  Voters'  Ballots  So  Endorsed. 

The  election  inspector  shall  thereupon  deposit  the  absent  voter's 
ballot  or  ballots  in  the  proper  ballot  box  or  ballot  boxes  and  enter  the 
absent  voter's  name  in  the  poll  book,  the  same  as  if  he  had  been  present 
and  voted  in  person.     (Sec.  78.) 

Rejection  of  Absent  Voter's  Ballot  by  Election  Inspector. 

In  event  the  election  inspector  determi»es  any  of  the  above  enumer- 
ated questions  unfavorably  to  the  applicant,  or  that  the  ballot  is  opened, 


55 

or  has  been  opened  and  resealed,  or  that  the  ballot  envelope  contains 
more  than  one  ballot  of  one  kind,  such  ballot  or  ballots  shall  not  be 
accepted  or  counted.     (Sec.  73.) 

Rejected  Absent  Voters'  Ballots — How  Labeled. 

Evejy  ballot  not  accepted  shall,  without  being  unfolded  to  disclose 

how  it  is  marked,  be  endorsed  on  the  back,  "Rejected " 

(giving  the  reason  or  reasons  therefor).     (Sec.  73.) 

Rejected  Absent  Voters*  Ballots — How  Preserved. 

All  rejected  absent  voters'  ballots  shall  be  enclosed  and  securely 
sealed  in  an  envelope  on  which  the  election  inspector  shall  endorse  the 
words:  "Defective  absent  voters*  ballots,"  with  a  statement  of  the  pre- 
cinct in  which  and  the  date  of  the  election  at  which  such  ballots  were 
sought  to  be  cast.  The  election  inspector  shall  sign  such  envelope  and 
return  it  to  the  clerk  in  "the  same  manner  as  he  returns  official  ballots 
cast  and  uncast  at  the  election.     (Sec.  73.) 

Applicant  Who  Has  Returned  to  Place  of  Residence — Rights  of. 

(1)  An  elector  who  has  made  application  for  and  to  whom  has  been 
sent  an  absent  voter's  ballot  or  ballots,  but  who  has  not  voted  such  bal- 
lot or  ballots,  may,  if  he  returns  to  his  place  of  residence,  vote  in  person 
in  his  precinct,  provided  he  shall  return  such  ballot  or  ballots,  if  re- 
ceived, to  the  election  inspector  of  such  precinct.  The  election  inspector 
shall  endorse  such  surrended  absent  voter's  ballot  or  ballots  "Cancelled," 
and  return  same  with  the  other  defective  absent  voters'  ballots.   (Sec.  79.) 

(2)  If  he  has  marked  such  absent  voter's  ballot  or  ballots  and  voted 
the  same,  by  returning  them  to  the  clerk  so  marked  and  he  shall  arrive 
at  his  voting  place  before  such  ballot  or  ballots  have  been  deposited 
in  the  ballot  box,  he  may  have  the  envelope  containing  his  ballot  opened 
in  his  presence,  and  the  ballot  or  ballots  found  therein  deposited  in  the 
ballot  box.     (See.  83.) 

(3)  If  he  has  marked  such  absent  voter's  ballot  or  ballots  and  voted 
the  same  and  he  shall  arrive  at  his  voting  place  before  such  ballot  or 
ballots  have  been  deposited  in  the  ballot  box,  he  may  have  a  new  ballot 
or  ballots  and  vote  in  person.  In  such  a  case  his  absent  voter's  envelope 
shall  not  be  opened.  The  election  inspector  shall  mark  across  the  face 
thereof  the  words,  "Unopened  because  voter  appeared  and  voted  in  per- 
son," and  such  envelope  and  ballot  shall  be  preserved  in  the  same  manner 
as  defective  absent  voters'  ballots.     (Sec.  83.) 

Note:  If  an  envelope  containing  an  absent  voter's  ballot  has  not 
been  opened  for  any  reason,  such  envelope  shall  not  be  opened  without 
an  order  of  a  court  of  competent  jurisdiction. 

(4)  If  the  envelope  containing  his  ballot  or  ballots  shall  have  been 
marked,  "Rejected  as  defective,"  he  shall,  upon  subsequent  appearance 
while  the  polls  are  open,  have  same  right  to  vote  as  any  other  voter 
voting  in  person.  And  the  fact  that  voting  machines  are  used  shall  not 
affect  his  right  to  vote.     (Sec.  83.) 


56 

Death  of  Absent  Voter. 

Wherever  it  shall  be  made  to  appear  by  due  proof  to  the  election 
board  that  any  elector  who  has  marked  and  forwarded  his  ballot  has 
died,  the  ballot  of  such  deceased  voter  shall  not  be  counted,  but  shall  be 
returned  by  the  election  inspector  with  the  defective  absent  voters'  bal- 
lots to  the  clerk.     (Sec.  75.) 

Effect  of  Such  Death  on  Election. 

Where  the  absent  voter's  ballot  or  ballots  of  a  deceased  voter  shall 
have  been  cast  such  fact  shall  not  invalidate  the  election.     (Sec.  75.) 

Separate  Return  of  Absent  Voters'  Ballots  in  Precincts  Using  Voting 
Machines. 

In  precincts  where  voting  machines  are  used  the  inspector  shall 
remove  the  absent  voter's  ballot  from  the  ballot  box  in  which  they  have 
been  deposited,  and  he  with  the  two  clerks,  open  the  ballots  and  record 
them  on  the  voting  machine  in  accordance  with  the  intent  of  the  absent 
voter  as  indicated  by  the  appropriate  markings  on  the  face  of  the  ballot. 
(Acts  1919,  p.  711.)     (Sec.  76.) 

Supplies  to  Be  Furnished  According  to  the  Provisions  of  Election  Laws 
Already  in  Eifect. 

All  provisions  of  the  existing  election  laws  relative  to  the  furnishing 
of  ballot  boxes,  the  printing  and  furnishing  of  official  ballots  in  such 
number  as  the  County  Board  of  Election  Commissioners  may  deem  neces- 
sary, and  the  canvassing  of  absent  voters'  ballots  and  the  making  of 
the  proper  return  and  the  result  of  the  election  shall  apply.     (Sec.  76.) 

Note:  All  ballot  boxes  and  ballots,  such  as  come  within  the  direc- 
tion of  the  county  board  of  commissioners,  as  are  required  to  carry  out 
the  provisions  of  this  law  shall  be  furnished  by  the  county  board  of  elec- 
tion commissioners,  and  absent  voters'  ballots  shall  be  canvassed  and 
returned  and  the  result  of  the  election  declared  according  to  the  pro- 
visions of  the  existing  election  laws. 

Penalties  for  Refusal  or  Neglect  to  Perform  These  Duties. 

If  any  election  official  shall  refuse  or  neglect  to  perform  any  of 
the  duties  prescribed  in  this  law  or  shall  violate  any  of  the  provisions 
thereof,  he  shall  be  deemed  guilty  of  a  misdemeanor  and  be  subject 
to  a  fine  of  not  less  than  $250  nor  more  than  $500,  or  to  imprisonment 
in  the  county  jail  for  a  period  of  not  to  exceed  six  months.     (Sec.  77.) 


INTERPRETATION  OF  THE  CORRUPT 
PRACTICES  ACT 

STATE  AND  FEDERAL 


(57) 


INTERPRETATION  OF  THE  STATE  CORRUPT  PRACTICES  ACT. 

SCOPE  OF  ACT. 

The  law  applies: 

First.  To  the  election  of  all  officers  for  whom  ballots  are  cast  at  an 
election  provided  by  law. 

Second.  To  the  election  of  all  officers  to  be  voted  for  by  the  Indiana 
General  Assembly. 

Third.  To  the  election  of  all  officers  by  common  councils  of  cities  or 
the  boards  of  trustees  of  incorporated  towns. 

Fourth.     To  the  election  of  county  superintendents. 

Fifth.  To  all  caucuses  and  primary  elections  preliminary  to  any 
such  other  elections. 

Sixth.  To  all  candidates  to  be  voted  for  at  such  elections,  caucuses 
and  primary  elections.     (Sec.  285.) 

Meaning  of  Term  "Caucus  and  Primary  Election." 

The  term  "caucus  and  primary  election"  includes: 

First.  All  meetings  and  elections  held  to  nominate  a  candidate  for 
office  or  to  elect  delegates  to  a  nominating  convention. 

Second.     Nominating  conventions  of  such  delegates. 

Third.     Caucuses  of  members  of  the  General  Assembly. 

Fourth.     Caucuses  of  the  Common  Council  of  any  city. 

Fifth.  Caucuses  of  the  board  of  trustees  of  any  incorporated  town. 
(Sec.  285.) 

"Political  Committee"  Defined. 

The  term  "political  committee"  includes  every  committee  or  com- 
bination of  two  or  more  persons  to  aid  or  promote  the  success,  or  defeat 
of  any  political  party  or  principle  in  any  election,  or  of  any  proposition 
submitted  to  a  vote  at  a  public  election,  or  to  aid  or  take  part  in  the 
nomination  or  election  of  any  candidate  for  public  office.    (Sec.  286.) 

"Treasurer"  Defined- 

The  term  "treasurer"  includes  all  persons  appointed  by  any  political 
committee  to  collect,  keep,  receive  or  disburse  moneys  or  any  other 
thing  of  value  to  aid  or  promote  the  success  or  defeat  of  any  such  party, 
principle  or  candidate.     (Sec.  286.) 

"Political  Agent"  Defined. 

The  term  "political  agent"  includes  all  persons  appointed  by  any 
candidate  before  any  election  or  primary  election  to  assist  him  in  his 
candidacy,  or  to  collect,  keep,  receive  or  disburse  moneys  or  any  other 
thing  of  value  to  aid  or  promote  the  success  of  such  candidate.  (Sec. 
286.) 

Appointment  of  "Political  Agent"  or  "Treasurer"  Must  Be  in  Writing 
Where  Filed. 

No  person  shall  act  as  any  such  treasurer  or  political  agent  until 
he  has  been  appointed  in  writing,  which  written  appointment  shall  be 


60 

signed  by  the  chairman  of  the  political  committee  or  candidate  appoint- 
ing such  treasurer  or  political  agent  and  until  such  written  appointment 
has  been  filed  with  the  clerk  of  the  circuit  court  of  the  county  within 
which  such  treasurer  or  political  agent  resides  except  in  the  case  of  the 
treasurer  of  the  state  central  committee  of  any  party,  when  such  written 
appointment  shall  be  filed  in  the  office  of  the  secretary  of  state,  and  until 
such  treasurer  has  given  bond  as  required  by  section  3  of  the  corrupt 
practices  act.  Every  such  appointment  shall  designate  the  particular 
period,  election  or  primary  election  within  which  such  treasurership  or 
political  agency  shall  continue.     (Sec.  287.) 

Form  of  Appointment  of  Political  Agent. 

The  undersigned  candidate  for  the  office  of 

(or  for  the  nomination  to  the  office  of) .• 

on  the ticket,  hereby  appoints  John  Brown  as 

a  political  agent  to  aid  in  promoting  my  candidacy  at  the  general  election 
to  be  held  on  the  first  Tuesday  after  the  first  Monday  in  November, 

19 ... .   (or  the  primary  election  to  be  held  on  the ) 

this  appointment  to  continue  for  the  period  beginning  on  the day 

of    ,   19 .... ,   and  ending   on  the day  of 

,19..... 

Dated   

Candidate  for  the  Office  of 


(Sec.  264.) 

Form  of  Appointment  of  Treasurer,  • 

The  undersigned,  chairman  of  the  state  central  committee  of  the 

party   (or  chairman  of  the  county  central 

committee  of county  of  the 

party,  or  chairman  of  the  city  central  committee  of 

of  the  party)  hereby  appoint  John  Smith  as 

treasurer  for  said  committee  for  the  election  to  be  held  on  the  first 
Tuesday  after  the  first  Monday  of  November,  19....  (or  for  the  pri- 
mary election  to  be  held  on ),  this  appoint- 
ment to   continue   for  the   period   beginning   on   the    day   of 

,19 ,  and  ending  on  the day  of 


,  19 

Dated 


Chairman  of  the  (STATE,  COUNTY 
OR  CITY)  Central  Committee  of  the 


(Sec.  287.) 


Party. 


Duty  to  Appoint.  Treasurer. 

Every  political  committee  shall  appoint  and  constantly  maintain  a 
treasurer  to  collect,  receive,  keep  and  disburse  all  sums  of  money  or 
other  valuable  things  which  may  be  collected,  received  or  disbursed  by 


61 

such  committee  or  any  of  ita  members  for  any  purposes  mentioned  in 
the  scope  of  the  corrupt  practices  act  or  for  which  such  committee  exists 
or  acts,  and  unless  such  treasurer  is  first  so  appointed  and  maintained 
it  shall  be  unlawful  and  a  violation  of  the  corrupt  practices  act  for  a 
political  committee  or  any  of  its  members  to  collect,  receive,  keep  or 
disburse  money  or  other  valuable  things  for  any  such  purposes.  (Sec. 
287.) 

Bond  of  Treasurer — Where  Filed. 

The  treasurer  appointed  by  a  central  committee  under  the  corrupt 
practices  act  before  proceeding  to  act  as  such  treasurer  shall  execute  a 
bond  payable  to  the  State  of  Indiana  in  such  penalty  as  the  appointing 
committee  shstU  prescribe,  except  that  in  no  event  shall  the  minimum 
penalty  of  such  bond  be  less  than  $500.00,  and  with  surety  or  sureties  to 
the  approval  of  such  committee,  which  bond  shall  be  conditioned  for 
the  faithful  performance  by  such  treasurer  of  the  duties  of  his  office 
without  loss  or  detriment  to  any  person  interested  in  the  performance  of 
such  duties  and  the  payment  by  such  treasurer  of  all  sums  of  money  in 
his  hands  to  his  successor,  upon  which  bond  an  action  may  be  maintained 
in  the  name  of  the  State  of  Indiana  for  the  use  of  any  persons  interested 
in  the  faithful  performance  of  his  duties  and  injured  by  a  breach  of  the 
condition.  Said  bond  shall  be  filed  in  the  office  of  the  clerk  of  the  cir- 
cuit court  except  the  bond  of  the  treasurer  of  the  state  central  committee, 
which  shall  be  filed  in  the. office  of  the  secretary  of  state.   (Sec.  287.) 

Sub-Treasurers — Bond  Not  Required — Appointment  Must  Be  in  Writing 
—Treasurer  Liable  on  Bond  for  Sub-Treasurer's  Acts. 

The  treasurer  may  appoint  one  sub-treasurer  for  each  voting  pre- 
cinct which  sub-treasurer  is  authorized  to  collect  money  for  the  treas- 
urer by  whom  he  is  appointed  and  to  turn  said  money  over  to  such 
treasurer  without  diminution.  Or  he  may  be  authorized  to  expend  such 
money  as  may  be  placed  in  his  hands  by  the  treasurer  appointing  him. 
The  sub-treasurer  may  be  authorized  both  to  collect  and  expend  money. 
A  sub-treasurer  shall  not  be  required  to  give  bond,  but  shall,  before  serv- 
ing as  such,  receive  from  the  treasurer  an  appointment  in  writing  stating 
for  what  purpose  such  sub-treasurer  is  appointed,  the  name  of  such 
sub-treasurer,  the  territory  in  which  he  shall  act  and  the  time  for  which 
he  is  appointed.  Every  treasurer  appointing  a  sub-treasurer  shall  be 
liable  on  his  official  bond  for  any  dereliction  in  duty  or  misappropriation 
or  unauthorized  expenditure  of  funds  by  any  sub-treasurer  so  appointed 
by  him.     (Sec.  287.) 

Qualifications  of  Political  Agents  and  Treasurers — Removal — Successors 
— Reports. 

1.  No  person  shall  be  appointed  or  act  as  "treasurer"  or  "political 
agent"  in  any  election  or  primary  election  who  is  not  a  citizen  and  resi- 
dent of  the  State  of  Indiana. 

2.  No  person  shall  be  appointed  or  act  as  any  such  "treasurer" 
or  "political  agent"  who  is  the  chairman  of  any  political  conmiittee. 

3.  A  "treasurer"  or  "political  agent"  is  not  prohibited  from  being 


62 

the  treasurer  of  another  political  committee  or  the  political  agent  of  any 
other  candidate. 

4.  Any  political  committee  shall  have  the  power  and  right  to  re- 
move, without  assigning  any  cause  therefor,  any  person  appointed  by 
such  committee  as  treasurer  and  to  appoint  the  successor  of  such  removed 
treasurer. 

5.  A  treasurer  who  has  been  removed  shall  immediately  account 
for  and  turn  over  to  his  successor  in  office  the  moneys  then  in  his  pos- 
session as  such  treasurer  and  within  twenty  days  after  such  removal 
file  a  full,  true  and  detailed  account  and  statement  of  his  receipts  and  ex- 
penditures with  the  clerk  of  the  circuit  court  in  the  county  in  which  he 
resides  in  accordance  with  the  provisions  of  section  7  of  the  corrupt 
practices  act. 

6.  Any  candidate  shall  have  the  power  and  right  to  remove,  without 
assigning  any  cause  therefor,  any  person  appointed  by  him  as  political 
agent  and  to  appoint  the  successor  of  such  removed  political  agent. 

7.  Upon  such  removal  said  political  agent  shall  immediately  ac- 
count for  and  turn  over  to  the  candidate  appointing  him,"  the  moneys 
then  in  his  possession  as  such  political  agent,  and  shall  within  twenty 
days  after  such  removal,  file  a  full,  true  and  detailed  account  and  state- 
ment of  his  receipts  and  expenditures  with  the  clerk  of  the  circuit  court 
in  the  county  in  which  he  resides  in  accordance  with  the  provisions  of 
section  7  of  the  corrupt  practices  act.     (Sec.  287.) 

Candidate  Need  Not  Appoint  Political  Agent. 

Any  candidate  may,  without  appointing  a  political  agent,  make  such 
disbursements  as  political  agents  may  make  under  the  provisions  of  the 
corrupt  practices  act.  He  is  not  required  to  file  a  written  appointment, 
give  bond,  make  a  report  as  political  agent,  but  shall  include  in  the  state- 
ment required  to  be  filed  by  him  as  a  candidate  under  the  provisions  of 
the  corrupt  practices  act,  a  full,  true  and  detailed  account  and  statement 
of  the  matters  and  facts  required  to  be  reported  by  political  agents  under 
the  provisions  of  this  act.     (Sec.  287.) 

All  Moneys  Received  or  Disbursed  by  a  Political  Committee  Must  Pass 
Through  the  Hands  of  the  Treasurer. 

All  moneys  or  other  valuable  things  collected,  received  or  disbursed 
by  any  political  committee  or  by  any  member  thereof  for  any  political 
purpose  shall  be  paid  over  to  and  made  to  pass  through  the  hands  of 
the  treasurer  of  such  committee,  and  shall  be  disbursed  by  him  and  not 
otherwise:  Provided,  however,  That  such  disbursement  may  be  made  by 
a  voucher  drawn  by  the  chairman  of  such  political  committee  on  the 
treasurer  and  presented  to  such  treasurer  for  payment,  which  voucher 
shall  show  the  specific  purpose  for  which  said  money  is  being  expended, 
and  it  shall  be  unlawful  and  a  violation  of  the  corrupt  practices  act  for  any 
political  committee  or  for  any  member  or  members  thereof  to  disburse 
or  expend  money  or  any  other  valuable  thing  for  any  political  purpose 
until  the  money  or  other  valuable  thing  so  disbursed  shall  have  passed 
through  the  hands  of  the  treasurer  of  said  committee  and  any  person 
other  than   a  member  of  such  political   committee   or  other  than  the 


63 

political  agent  hereinbefore  defined,  who  shall  engage  in  receiving  or 
disbursing  money  for  any  political  purpose  shall  be  deemed  a  treasurer 
of  a  political  committee  within  the  meaning  of  the  corrupt  practices  act 
and  shall  be  subject  to  all  the  requirements,  obligations  and  penalties 
hereby  provided  for  in  the  case  of  such  treasurer.  (The  treasurer  may 
appoint  sub-treasurers  as  stated  above.)    (Sec.  287.) 

Reports  of  Sub-Treasurers. 

It  shall  be  the  duty  of  every  sub-treasurer  within  twenty  days  after 
every  election  or  primary  election  to  make  a  report  in  writing  under 
oath  to  the  clerk  of  the  circuit  court  of  the  county  in  which  such  sub- 
treasurer  resides,  stating  in  detail  the  amount  of  money  collected  by 
him  and  from  whom  and  when  collected,  or  the  amount  of  money  placed 
in  his  hands  by  said  treasurer  and  for  what  purpose  the  said  money 
was  expended  by  him  and  to  whom  paid,  or  both,  if  such  sub-treasurer 
has  both  collected  and  disbursed  money  or  other  things  of  value,  and 
each  sub-treasurer  shall  file  vouchers  for  all-  money  expended  by  him, 
which  vouchers  shall  state  the  purpose  for  which  said  sums  are  ex- 
pended; but  in  no  event  shall  a  sub-treasurer  who  is  appointed  to  collect 
money,  expend  or  disburse  any  money  so  collected  by  him,  but  he  shall 
in  every  case  deliver  the  same  and  every  part  thereof  without  diminution 
to  the  treasurer  appointing  him  and  any  money  which  said  sub-treasurer 
expends  must  be  money  placed  in  his  hands  by  the  treasurer  appointing 
him.     (Sec.  287.) 

Members  of  a  Political  Committee  Having  a  Treasurer  May  Solicit  Con- 
tributions. 

Any  member  of  a  political  committee  which  has  appointed  and  main- 
tains a  treasurer  in  accordance  with  the  provisions  of  the  corrupt  prac- 
tices act  may  solicit  or  receive  contributions  for  political  purposes  pro- 
vided that  the  same  are  immediately  turned  over  without  diminution 
to  such  treasurer  of  said  committee  and  by  such  treasurer  disbursed  and 
accounted  for  as  provided  by  the  corrupt  practices  act,  and  when  money 
is  so  received  the  treasurer  in  his  account  and  statement  in  addition 
to  the  requirements  of  section  7  of  this  act,  shall  show  through  what 
member  of  such  committee  said  sum  or  sums  were  received.    (Sec.  287.) 

Candidates  or   Persons   Desiring  to   Become   Candidates  Must   Not   Be 
Solicited  for  Contributions,  Payments  or  Favors. 

It  shall  be  unlawful  for  any  political  committee  or  officer  thereof 
to  solicit  any  contribution,  payment  or  favor  from  any  candidate  for  any 
office  or  from  any  person  desiring  to  become  a  candidate:  Provided, 
however.  That  any  such  political  committee  may  assess  against  and 
collect  from  the  candidate  before  any  primary  election,  convention  or 
mass  convention  not  held  pursuant  to  the  laws  of  this  state,  the  neces- 
sary costs  and  expenses  of  holding  such  primary,  convention  or  mass 
convention.     (Sec.  288.) 

Contributions,  Donations,  Advertising,  Money  or  Things  of  Value  Must 
Not  Be  Solicited  From  Political  Committees  or  Candidates. 

It  shall  be  unlawful  for  any  person,  firm  or  corporation  to  solicit 
from  any  political  committee  or  member  thereof  or  any  treasurer,  sub- 


64 

treasurer  or  political  agent  or  candidate  any  contribution  or  donation 
or  to  solicit  advertising  or  money  or  things  of  value  for  advertising  pur- 
poses from  any  such  political  committee  or  member  thereof,  treasurer. 
sub-treasurer,  political  agent  or  candidate.     (Sec.  288.) 

Candidates  May  Make  Voluntary  Payments  to  a  Treasurer  or  Political 
Agent. 

Any  person  nominated  as  a  candidate  for  public  office  or  a  candidate 
for  such  nomination,  except  as  hereinafter  provided,  may  make  a  volun- 
tary payment  of  money  to  any  treasurer  or  political  agent,  for  any  of 
the  purposes  permitted  by  this  act:  Provided,  however.  That  no  person, 
other  than  such  candidate  shall  to  aid  or  promote  the  success  or  defeat 
of  any  political  party  or  principle,  or  of  any  candidate  for  public  office, 
or  of  any  candidate  for  nomination  as  such,  within  six  months  prior 
to  any  such  election,  make  a  contribution  of  money  or  property  or  incur 
any  liability  or  promise  any  valuable  thing  to  any  person  other  than 
to  a  treasurer,  sub-treasurer  or  political  agent.    (Sec.  288.) 

Private  Corporations  Shall  Not  Make  or  .Be  Solicited  for  Contributions. 

No  contribution,  payments  or  favors  of  any  kind  shall  be  made,  ex- 
tended by  or  solicited  from  any  private  corporation  to  promote  the  suc- 
cess or  defeat  of  any  candidate  for  public  office  or  of  any  political  party 
or  principle  or  for  any  other  political  purpose  whatever.     (Sec.  288.) 

Legal  Expenses  to  Contest  Elections  Not  Unlawful. 

Nothing  contained  in  the  corrupt  practices  act  limits  or  affects  the 
right  to  any  person  to  expend  money  for  proper  legal  expenses  in  main- 
taining or  contesting  the  result  of  any  election.     (Sec.  288.) 

Contributions  from  Political  Committees. 

The  right  of  a  political  committee  to  receive  contributions  from  other 
political  committees  for  purposes  authorized,  is  not  linjited  by  the  cor- 
rupt practices  act.     (Sec.  288.) 

Contributions  to  National  Committees. 

National  committees  may  solicit  or  receive  contributions  through 
treasurers  or  agents  appointed  by  them.  Such  agents  or  treasurers  are 
not  required  to  give  bond  but  must  file  their  written  appointment  with 
the  secretary  of  state.  They  cannot  solicit  or  receive  funds  from  sources 
prohibited  to  a  political  committee  within  the  state.  Such  treasurers 
or  political  agents  must  be  residents  and  citizens  of  the  State  of  Indiana. 
(Sec.  288.) 

Reports  by  Treasurers  or  Agents  of  National  Committees. 

Within  twenty  days  after  an  election  such  treasurer  or  agent  must 
file  a  sworn  statement  with  the  secretary  of  state  giving  a  detailed  state- 
ment of  all  sums  of  money  received  by  or  promised  to  him  and  the  date 
of  each  of  such  promises  or  contributions.  He  shall  not  expend  any 
money  except  the  actual  expenses  of  collecting  said  money.  If  any  of 
the  funds  collected  by  him  be  disbursed  in  the  state  it  must  be  by  the 
local  committees  and  accounted  for  the  same  as  other  contributions. 
(Sec.  288.) 


65 

Expenses  of  Elections,  Caucuses  and  Primary  Elections  Must  Be  Paid  by 
a  Treasurer  or  Political  Agent — Exception. 

No  person  other  than  a  treasurer  or  political  agent  shall  pay  any 
of  the  expenses  of  any  election,  caucus  or  primary  election,  except  that 
a  candidate  may  pay  his  own  expenses  for  postage,  telegrams,  telephon- 
ing, stationery,  letters,  circular  letters,  printing,  expressage,  and  travel- 
ing; but  this  provision  shall  not  apply  to  non-partisan  election  and  ante- 
election  expenses  paid  out  of  the  public  moneys  of  the  state,  or  of  any 
town,  city,  county  or  other  municipality.    (Sec.  289.) 

The  Payments,  Expenditures,  Promises  and  Liabilities  a  Candidate  May 
Make  or  Incur. 

The  payments,  expenditures,  promises  and  liabilities,  which  any  can- 
didate for  nomination  or  election,  or  both,  may  make  or  incur  directly 
or  indirectly  under  sections  4  and  5  of  the  corrupt  practices  act,  shall 
not  exceed  in  the  whole  twenty-five  dollars  for  each  thousand  (or  the 
major  portion  thereof)  up  to  fifty  thousand,  ten  dollars  for  each  thou- 
sand (or  the  major  portion  thereof)  in  excess  of  fifty  thousand  and  up 
to  one  hundred  thousand,  and  five  dollars  for  each  thousand  (or  the 
major  portion  thereof)  in  excess  of  one  hundred  thousand  of  the  voters 
qualified  to  vote  for  the  office  in  question  at  the  next  preceding  election 
therefor,  except  that  such  candidate  may  expend  twenty-five  dollars  for 
said  purposes,  all  to  be  paid,  handled  and  disbursed  by  a  treasurer  or 
political  agent  and  not  otherwise;  and  any  payment,  contribution,  ex- 
penditure of,  or  promise  or  liability  to  pay,  contribute  or  expend  any 
money,  or  valuable  thing  in  excess  of  said  sum,  shall  be  unlawful:  Pro- 
vided, however.  That  a  candidate  may  pay  personally,  in  addition  to  said 
sum  or  valuable  thing  or  things  amounting  thereto,  his  own  expenses 
for  postage,  letters,  circular  letters,  telegrams,  telephoning,  stationery, 
printing,  advertising,  publishing,  expressage,  traveling  and  board  and 
the  cost  of  any  primary,  convention,  or  mass  convention,  not  held  pur- 
suant to  the  law  of  this  state,  which  may  be  assessed  against  such  candi- 
date by  the  political  committee  under  whose  direction  such  primary, 
convention  or  mass  convention  is  held.     (Sec.  289.) 

Authorized  Expenditures — ^All  Others  Prohibited. 

A  treasurer  or  political  agent  is  expressly  authorized  to  pay  the 
following  expenses: 

(a)  The  necessary  cost  of  hiring  halls  and  music  for  conventions, 
public  meetings  and  public  primaries  and  for  advertising  the  same,  and 
decorating  said  halls; 

(b)  Of  printing  and  circulating  political  articles,  circulars,  circular 
letters,  plate  and  electrotype  matter,  candidates'  cards,  pamphlets  and 
books,  including  the  payment  of  subscriptions  to  newspapers  or  period- 
icals containing  political  articles  to  be  circulated  among  voters; 

(c)  Of  printing  and  distributing  sample  or  specimen  ballots  and  in- 
structions to  voters; 

(d)  Of  renting  rooms  and  headquarters  to  be  used  by  political  com- 
mittees, agents,  treasurers  or  sub-treasurers  and  of  paying  for  all  cler- 
ical assistance  and  labor  employed  therein; 

6—22129 


66 

(e)  Of  compensating  clerks,  stenographers,  typewriters,  and  other 
assistants  employed  in  the  committee  rooms,  or  on  the  business  of  the 
committee  outside  of  said  committee  rooms,  and  also  of  challengers, 
watchers  and  messengers  employed  in  the  registration  rooms,  in  the 
voting  rooms  and  at  the  polls,  and  the  cost  and  expenses  of  any  primary 
convention  or  mass  convention  not  held  pursuant  to  the  laws  of  the  State 
of  Indiana; 

(f )  The  traveling  and  other  legitimate  expenses  of  political  agents, 
committees  and  public  speakers,  including  reasonable  compensation  for 
the  chairman  and  secretary  of  the  state,  district,  county  or  city  central 
committees,  but  no  compensation  shall  be  paid  to  public  speakers,  politi- 
cal agents,  treasurers,  sub-treasurers,  or  members  of  a  political  commit- 
tee, other  than  the  chairman  and  secretary  for  their  services;  providing 
that  the  costs  of  treasurers'  bonds  may  be  paid. 

(g)  Of  making  poll  books,  copies  of  registration  lists  and  compiling 
information  or  data  with  respect  to  the  qualifications  of  voters,  or  their 
political  affiliations,  or  any  other  information  of  a  political  character. 

(h)  Of  necessary  postage,  telegrams,  telephoning,  printing  expenses 
and  conveyance  charge  for  carrying  sick  and  infirm  persons  to  and 
from  the  polls  or  to  and  from  the  places  of  registration; 

(i)  The  necessary  cost  of  equipping,  furnishing  and  maintaining 
committee  rooms  and  headquarters  and  places  of  meeting  for  political 
committees,  agents  and  treasurers,  both  during  and  after  political  cam- 
paigns, if  it  shall  be  desired  to  maintain  permanent  headquarters. 

(j)  The  cost  and  expenses  of  messengers  sent  by  the  direction  of 
the  chairman  of  any  state,  district,  county,  township  or  city  committee 
of  any  political  party  in  connection  with  party  matters  or  interests,  and 
also  the  cost  and  expenses  of  any  person  or  persons  summoned  by  or  at 
the  instance  of  the  chairman  of  the  state  central  committee,  or  of  the 
county  central  committee,  or  of  the  district  committee,  or  of  the  town- 
ship committee,  or  of  the  city  central  committee  of  any  political  party 
to  the  committee  headquarters  or  offices  in  connection  with  party  mat- 
ters or  interests,  and  also  for  the  accommodation  and  entertainment  of 
all  such  persons; 

(k)  All  expenses  incurred  by  or  under  the  authority  of  the  chair- 
man of  the  state,  district,  county,  township  or  city  central  committee 
of  any  political  party  in  providing  accommodation  or  entertainment  for 
members  of  said  respective  committees  or  for  the  transportation  of  such 
members,  when  assembling  for  any  meeting  of  said  respective  commit- 
tees or  visiting  the  headquarters  of  said  respective  committees  in  con- 
nection with  party  matters  or  interests; 

(1)  The  cost  and  expenses  of  political  parades,  meetings  and  dem- 
onstrations, including  the  equipment  and  compensation  of  a  political 
band  or  drum  corps,  but  not  including  the  cost  or  expense  of  any  meal, 
drink  or  entertainment  of  any  person  except  as  hereinbefore  specified. 

(m)  The  cost  of  political  buttons,  lithographs,  banners  and  other 
political  advertising  matter. 

No  treasurer  or  political  agent  shall  incur  any  expense  or  liability 
or  make  any  payment  for  any  purpose  not  enumerated  above,  and  every 
liability  incurred  or  payment  made  shall  be  made  at  a  rate  which  is 


67 

reasonably  and  fairly  commensurate  with  the  service  rendered.     (Sec. 
290.) 

Payment  for  Printing  Is  Limited  to  Such  as  May  Be  Made  by  Authority 
and  Properly  Marked. 

It  shall  not  be  lawful  for  any  political  committee,  treasurer  or 
political  agent  to  expend  any  money  for  the  printing  or  publication  of 
any  political  matters  whatsoever,  which  shall  not  purport  on  its  face  to 
be  printed  or  published  by  the  authority  of  said  treasurer  or  political 
agent,  and  which,  if  published  in  any  newspaper  or  other  periodical,  shall 
not  be  marked  as  an  advertisement:  Provided,  however.  That  when 
newspapers  or  periodicals  containing  political  articles  are  subscribed  and 
paid  for  by  such  treasurer  or  political  agent  and  sent  to  voters,  it  shall 
not  be  necessary  to  mark  the  same  or  any  part  thereof  as  an  advertise- 
ment or  to  stamp  or  place  on  such  newspaper  a  statement  that  they 
are  published  or  circulated  by  the  authority  of  said  treasurer  or  political 
agent,  if  the  only  payment  made  to  said  newspaper  or  newspapers  is  for 
the  papers  actually  delivered  and  at  not  more  than  the  usual  rate  of 
subscription.  Nothing  in  the  corrupt  practices  act  shall  be  construed 
to  prevent  any  newspaper  from  publishing  any  political  information  as 
news  although  such  information  is  furnished  by  a  political  committee  or 
some  officer  thereof  either  in  manuscript  form  or  in  plates  or  electro- 
types, and  in  such  case  it  shall  not  be  necessary  to  mark  such  publica- 
tion as  an  advertisement,  provided  such  newspaper  or  the  owner  thereof 
receives  no  compensation  or  reward,  directly  or  indirectly,  for  such  pub- 
lication, and  the  same  is  published  in  good  faith  as  a  matter  of  news. 
(Sec.  2^0.) 

Books  of  Political  Treasurer  or  Agent.        ^ 

It  is  the  duty  of  every  political  treasurer  or  agent  to  keep  detailed, 
full  and  accurate  accounts  in  a  proper  book  or  books  called  "account 
books,"  which  are  to  be  provided  and  preserved  by  him,  of  the  following 
items: 

1.  All  money  or  valuable  things  received  by  or  promised  to  such 
treasurer  or  agent. 

2.  All  expenditures,  disbursements  and  promises  of  payments  or 
disbursements  of  money  or  valuable  things  made  by  any  political  com- 
mittee or  by  its  officers  or  agents  or  any  person  acting  under  its  authority 
or  by  such  treasurer  or  agent. 

3.  The  sum  or  valuable  things  so  received,  disbursed  or  promised. 

4.  The  date  when  received.  • 

5.  The  person  from  whom  received. 

6.  The  person  to  whom  paid  or  promised. 

7.  The  object  and  purpose  for  which  such  sum  or  valuable  thing  was 
received  or  disbursed  or  promised.    (Sec.  291.) 

Reports  of  Political  Treasurers  and  Agents. 

Twenty  days  after  every  election  or  primary  election  every  such 
treasurer  and  political  agent  is  required  to  file  a  full,  true  and  detailed 
account  and  statement  subscribed  and  sworn  to  by  him  before  an  officer 


68 

authorized  to  administer  oaths,  which  report  shall  be  filed  in  the  office 
of  the  clerk  of  the  circuit  court  of  the  county  wherein  such  treasurer  or 
political  agent  resides. 

This  statement  shall  include: 

1.  The  amount  of  money  or  property  in  each  case  received  or 
promised. 

2.  The  name  of  the  person  from  whom  it  was  received  or  by  whom 
it  was  promised. 

3.  The  amount  of  every  expenditure  made  or  promised.  This  evi- 
dently means  an  itemized  statement  of  each  and  every  sum  spent  and 
also  the  amount  of  every  valuable  thing  given  or  promised  or  liability 
of  every  sort  incurred. 

4.  The  name  of  the  person  to  whom  such  expenditure,  gift,  or 
promise  was  made  or  to  whom  such  liability  was  incurred. 

5.  The  purpose  for  which  the  money  was  expended  or  property  or 
thing  of  value  given  or  promised  or  liability  incurred,  separately  indi- 
cating the  expenditures,  gifts  and  liabilities  for  election  and  primary 
elections. 

6.  A  detailed  statement  of  all  unpaid  debts  and  obligations  with 
the  nature  and  amount  of  each,  for  what  purpose  incurred  and  to  whom 
owing.  I 

7.  If  there  are  no  unpaid  debts  or  obligations,  the  report  shair  con- 
tain a  statement  of  such  fact. 

8.  In  case  of  political  treasurers  the  report  shall  be  accompanied 
by  a  statement  of  expenditures  from  any  subtreasurer  properly  sworn 
to  by  such  subtreasurer.     (Sec.  291.) 

Sworn  Statements  of  Expei^es  Must  Be  Filed  by  All  Candidates  for 
Office  (Including  U.  S.  Senators)  with  the  Clerk  of  the  Circuit 
Court  Within  Thirty  Days  After  an  Election  or  Primary. 

Every  candidate  for  public  office,  including  candidates  for  the  office  of 
senator  of  the  United  States  within  thirty  days  after  the  election  or  pri- . 
mary  election  held  to  nominate  for  or  fill  such  office  or  place  shall  make 
out  and  file  with  the  clerk  of  the  circuit  court  for  the  county  in  which  such 
candidate  resides,  a  full,  true  and  itemized  statement  in  writing,  which 
statement  shall  be  subscribed  and  sworn  to  by  such  candidates,  before 
an  officer  authorized  to  administer  oaths  setting  forth  in  detail  all 
moneys  or  other  valuable  things,  contributed,  expended  or  promised  by 
him  to  aid  or  promote  his  candidacy,  or  in  any  way  in  connection  with 
his  nomination  or  election,  or  both  as  the  case  may  be,  or  for  other 
political  purposes  in  connection  with  the  election  of  any  other  person 
at  said  election,  and  all  existing  unfulfilled  promises  or  liabilities  in  that 
connection  remaining  uncancelled  and  in  force  at  the  time  such  state- 
ment is  made,  whether  such  expenditures,  promises  or  liabilities  were 
made  or  incurred  before,  during  or  after  such  election,  and  showing 
the  dates  when,  the  person  to  whom,  and  the  purpose  for  which  each 
and  all  of  said  sums  or  valuable  things  were  paid,  expended  or  prom- 
ised or  said  liabilities  incurred.  Such  statement  shall  also  set  forth 
that  the  same  is  full,  true  and  correct.     (Sec.  292.) 


69 

Exceptions. 

That  the  provisions  and  requirements  of  this  section  shall  not  apply 
to  candidates  for  county  council,  township  advisory  board,  road  super- 
visor, constable  or  candidate  for  any  other  office,  the  emoluments  of 
which  are  less  than  one  hundred  dollars  per  year. 

Failure  to  File  Sworn  Statement   Renders  a   Candidate   Ineligible  and 
Guilty  of  a  Misdemeanor. 

No  person  shall  be  deemed  elected  to  any  elective  office,  under  the 
laws  of  this  state,  or  enter  upon  the  duties  thereof,  or  receive  any  salary 
or  emoluments  therefrom,  until  he  shall  have  filed  the  statement  pro- 
vided for  in  section  8  of  the  corrupt  practices  act;  and  no  officer  author- 
ized by  the  laws  of  this  state  to  issue  commissions  or  certificates  of 
election,  shall  issue  a  commission  or  certificate  of  election  to  any  person 
claiming  to  be  elected  to  any  office,  until  such  statement  as  aforesaid 
shall  have  been  so  made,  verified  and  filed  by  such  person  with  such 
clerk.  Upon  the  filing  of  such  statement,  the  clerk  shall  issue  to  the 
candidate  a  certificate  showing  the  filing  of  such  statement,  and  the  date 
of  such  filing,  which  certificate  shall  be  presented  by  the  candidate  to 
the  officer  authorized  to  issue  his  commission  and  such  certificate  shall 
be  the  only  evidence  of  the  filing  of  such  statement  which  may  be  re- 
quired by  the  officer  authorized  to  issue  such  commission.  Any  person 
violating  or  failing  to  comply  with  any  of  the  provisions  of  this  sec- 
tion shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  fined  not  less  than  three  hundred  dollars  nor  more  than  two  thou- 
sand dollars,  or  inprisoned  for  not  more  than  one  year,  or  both  fined 
and  imprisoned,  in  the  discretion  of  the  court  or  jury  trying  said  cause. 
(Sec.  292.) 

At  the  Expiration  of  Ten  Days  the  Prosecuting  Attorney  Must  Be  Noti- 
fied of  Failure  of  Candidate  to  File  Statement. 

Ten  days  after  the  period  fixed  for  the  filing  of  said  original  state- 
ment shall  have  expired,  the  clerk  of  the  circuit  court,  with  whom  the 
same  is  required  to  be  filed,  shall  notify  the  proper  prosecuting  officer 
of  any  failure  to  file  such  statement  on  the  part  of  any  candidate,  and 
within  fifteen  days  thereafter  such  prosecuting  officer  shall  proceed  to 
prosecute  for  such  offense.     (Sec.  292.) 

False  Statement  Constitutes  Perjury. 

Any  wilfully  false  statement  or  entry  made  by  any  candidate, 
treasurer,  political  agent,  member  or  officer  of  a  political  committee  in 
any  statement  or  account  under  oath,  required  by  law,  constitutes  the 
crime  of  perjury.     (Sec.  293.) 

Public  Records. 

Every  officer  with  whom  a  statement  of  account  or  duplicate  thereof 
are  required  to  be  filed  by  the  corrupt  practices  act,  is  required  to  file 
and  preserve  such  records  for  at  least  three  years  after  they  are  filed, 
and  such  records  shall,  during  the  hours  for  which  they  are  filed,  be 
subject  and  open  to  the  inspection  of  any  citizen  of  Indiana.     (Sec.  294.) 


70 

Corrupt  Practices. 

The  following  persons  shall  be  guilty  of  corrupt  practices  and 
shall  be  punished  in  accordance  with  the  provisions  of  the  corrupt 
practices  act: 

(a)  Every  person  who  shall,  directly  or  indirectly,  by  himself  or 
another,  give,  or  offer  or  promise  to  any  person  any  money,  gift,  ad- 
vantage, preferment,  entertainment,  aid,  emoluments,  or  any  valuable 
thing  whatever,  for  the  purpose  of  inducing  or  procuring  any  person  to 
vote,  or  refrain  from  voting,  for  or  against  any  person,  or  for  or  against 
any  measure  or  proposition  at  any  election  or  primary  election,  political 
convention  or  session  of  the  general  assembly  of  the  State  of  Indiana 
or  either  house  thereof.    (Sec.  295.) 

(b)  Every  person  who  shall,  directly  or  indirectly  receive,  accept, 
request  or  solicit  from  any  person,  candidate,  committee,  association, 
organization,  or  corporation,  any  money,  gift,  advantage,  preferment, 
aid,  emolument,  or  any  valuable  thing  whatsoever,  for  the  purpose  of 
inducing  or  procuring  any  person  to  vote,  or  refrain  from  voting,  for 
or  against  any  person,  or  for  or  against  any  measure  or  proposition  at 
any  election  or  primary  election  or  political  convention.     (Sec.  295.) 

(c)  Every  person  who,  in  consideration  of  any  money,  gift,  ad- 
vantage, preferment,  aid,  emolument,  or  any  valuable  thing  whatsoever, 
paid,  received,  accepted,  or  promised  to  the  advantage  of  himself  or  ^ny 
other  person,  shall  vote,  or  refrain  from  voting  for  or  against  any  per- 
son, or  for  or  against  any  measure  at  any  such  election,  caucus  or  pri- 
mary election  or  political  convention.     (Sec.  295.) 

(d)  Every  person  who  shall,  directly  or  indirectly,  pay,  give,  con- 
tribute or  promise  any  money  or  other  valuable  thing,  to  defray  or 
towards  defraying  the  costs  or  expenses  of  any  campaign  or  election  to 
any  persons,  committee,  company,  club,  organization  or  association,  other 
than  a  treasurer  or  political  agent;  but  this  sub-section  or  paragraph 
shall  not  apply  to  dues  regularly  paid  for  membership  in  any  incor- 
porated political  club  if  all  money  expended  by  such  club,  for  or  in 
connection  with  the  costs  of  expenses  of  any  campaign  or  election,  shall 
be  paid  out  by  it  only  through  a  treasurer  or  political  agent  as  provided 
in  this  act,  or  to  any  expenses  for  postage,  telegrams,  telephoning,  sta- 
tionery, printing,  expressage  or  traveling,  and  board  incurred  by  any 
candidate  for  office  or  for  nomination  thereto,  so  far  as  they  are  per- 
mitted by  this  act.     (Sec.  295.) 

(e)  Every  person  who  shall,  directly  or  indirectly,  by  himself  or 
through  another  person,  make  a  payment,  or  promise  of  payment,  to 
a  treasurer  or  political  agent  in  any  other  name  than  his  own.   (Sec.  295.) 

(f)  Every  treasurer  or  political  agent  who  shall,  knowingly,  re- 
ceive a  payment,  or  promise  of  payment,  and  enter  the  same,  or  cause 
the  same  to  be  entered,  in  his  accounts  in  any  other  name  than  that  of 
the  person  by  whom  such  payment  or  promise  of  payment  is  made. 
(Sec.  295.) 

(g)  Every  person  who  being  an  employer,  pays  his  employes  the 
salary  or  wages  in  "pay  envelopes"  upon  which  there  is  printed  or  in 
which  there  is  enclosed  any  political  motto,  device  or  argument  con- 


71 

taining  threats,  express  or  implied,  intended  or  calculated  to  influence 
the  political  opinions  or  actions  of  such  employes,  or  within  ninety  days 
of  an  election  or  primary  election,  puts  or  otherwise  exhibits  in  the 
establishment  or  place  where  his  employes  are  engaged  in  labor,  any 
handbill  or  placard  containing  any  threat,  notice  or  information  that  if 
any  particular  ticket  or  candidate  is  elected  or  defeated,  work  in  his 
place  or  establishment  will  cease,  in  whole  or  in  part,  his  establishment 
be  closed  up,  or  the  wages  of  his  employes  reduced,  or  other  threats, 
express  or  implied,  intended  or  calculated  to  inflame  the  political  opinions 
or  actions  of  his  employes.    (Sec.  295.) 

(h)  Every  person  who,  before,  during  or  after  an  election  or  pri- 
mary election,  by  himself,  or  by  any  other  persons,  either  directly  or 
indirectly,  gives  or  provides,  or  pays  wholly  or  in  part,  the  expenses 
of  giving  or  providing  any  meat,  drink,  entertainment  or  provisions  to 
or  for  any  person  for  the  purpose  of  influencing  that  person,  or  any  other 
person,  to  give  or  refrain  from  giving  his  vote  at  the  election  or  pri- 
mary election  or  to  influence  his  vote  in  any  other  way  therein,  or  on 
account  of  his  having  voted,  or  refrained  from  voting,  or  being  about 
to  vote  or  refrain  from  voting;  and  every  elector  who  accepts  the  same, 
or  any  of  the  same,  for  any  of  the  purposes  aforesaid.    (Sec.  295.) 

(i)  Every  person  who,  at  any  election  held  pursuant  to  the  laws 
of  this  state,  applies  for  a  ballot  paper  in  any  election  room  or  polling 
place,  in  the  name  of  any  other  person  than  himself,  whether  that  name 
be  that  of  a  person  living  or  dead,  or  of  a  fictitious  person,  or  who,  having 
voted  once  at  any  election,  applies  for  a  ballot  paper  at  the  same  election 
in  his  own  name,  or  any  other  name,  or  who  aids,  abets,  counsels,  or  pro- 
cures the  commission  of  any  such  act  or  acts.     (Sec.  295.) 

(j)  Every  person  who  shall  falsely  compose,  dictate,  print,  write, 
or  transmit  by  any  means  whatever  to  any  publisher  of  any  newspaper, 
book  or  serial,  any  matter,  the  publication  of  which  in  such  newspaper, 
book  or  serial,  would  expose  any  person  to  hatred,  contempt,  ridicule  or 
obloquy,  or  which  would  cause  or  tend  to  cause  any  person  to  be  shunned 
or  avoided,  or  which  would  have  a  tendency  to  injure  any  person  in  his 
business,  for  the  purpose  of  intimidating,  influencing,  inducing  or  pro- 
curing any  person  to  vote  or  refrain  from  voting  for  or  against  any 
person,  or  for  or  against  any  measure  or  proposition  at  any  election  or 
primary  election,  or  political  convention  or  session  of  the  general  assem- 
bly of  the  State  of  Indiana,  or  either  house  thereof.    (Sec.  295.) 

(k)  Every  proprietor  or  editor  of  a  book,  newspaper  or  serial,  and 
every  partner,  or  member  of  a  partnership,  or  manager  of  any  incor- 
porated association  by  which  a  book,  newspaper,  or  serial  is  issued  or 
published,  or  circulated,  who  shall  falsely  publish,  or  cause  to  be  pub- 
lished, any  writing,  typewriting,  printing,  picture,  effigy,  symbol,  sign, 
cartoon,  or  which  exposes  any  person  to  be  shunned  or  avoided,  or  which 
has  a  tendency  to  injure  any  person  or  company  in  his  or  its  business, 
for  the  purpose  of  intimidating,  influencing  or  inducing,  or  procuring 
any  person  to  vote  or  refrain  from  voting  for  or  against  any  person, 
or  for  or  against  any  measure  or  proposition  at  any  election,  or  primary 
election,  or  political  convention  or  session  of  the  general  assembly  of  the 
State  of  Indiana,  or  either  house  thereof.    (Sec.  295.) 


72 

Penalty  for  Violation  of  Corrupt  Practices  Act. 

Every  person  who  shall  be  guilty  of  any  corrupt  practices  as  afore- 
said, shall  be  fined  not  less  than  $300.00  nor  more  than  $1,000.00  or  be 
imprisoned  for  not  more  than  one  year,  or  both,  and  shall  be  ineligible 
to  any  public  office  or  public  employment,  for  the  period  of  four  years 
from  and  after  the  time  of  the  commission  of  such  offense.     (Sec.  295.) 

Corporate  Contributions. 

No  corporation,  domestic  or  foreign,  can  directly  or  indirectly  or 
through  any  officer,  agent  or  employe,  representative  or  other  person 
whatsoever,  give,  contribute,  furnish,  lend  or  promise  any  money,  prop- 
erty, transportation  or  means  to  aid,  promote  or  influence  the  success  or 
defeat  of  any  political  party,  or  principle,  or  to  aid,  promote  or  influence 
the  election  or  defeat  of  any  candidate,  or  to  be  used  for  any  political 
purposes  whatever,  to  the  following  persons: 

1.  To  any  political  party. 

2.  To  any  candidate  for  public  offi.ce  or  for  nomination  therefor. 

3.  To  any  public  organization. 

4.  To  any  political  committee. 

5.  To  any  treasurer  or  political  agent.     (Sec.  296.) 

Contest  Complaint. 

The  act  provides  for  contest,  at  the  instance  of  a  defeated  candi- 
date or  of  ten  duly  qualified  voters,  of  any  election  wherein  it  is  alleged 
that  corrupt  practices  have  been  used.     (Sec.  298.) 

Duty  €f  Prosecuting  Attorneys. 

It  is  the  duty  of  the  prosecuting  attorney  to  prosecute  by  the  reg- 
ular course  of  criminal  procedure,  persons  whom  he  may  believe  to  be 
guilty  of  having  violated  any  of  the  provisions  of  this  act.     (Sec.  299.) 

INTERPRETATION  OF  THE  FEDERAL  CORRUPT  PRACTICES  ACT. 
TERM  "POLITICAL  COMMITTEE"  DEFINED. 

The  term  "political  committee"  under  the  provisions  of  the  federal 
corrupt  practices  act  includes  the  national  committees  of  all  political 
parties  and  the  national  congressional  campaign  committees  of  all  politi- 
cal parties  and  all  committees,  associations  or  organizations  which  shall 
in  two  or  more  states  influence  the  result  or  attempt  to  influence  the 
result  of  an  election  at  which  representatives  in  congress  are  to  be 
elected.     (Sec.  300.) 

Officers  of  Political  Committees. 

Every  political  committee  shall  have  a  chairman  and  a  treasurer. 
No  officer  or  member  of  such  committee,  or  other  person  acting  under  its 
authority  or  in  its  behalf  shall  receive  any  money  or  its  equivalent,  or 
expend  or  promise  to  expend  any  money  on  behalf  of  such  committee, 
until  after  a  chairman  and  treasurer  of  such  committee  shall  have  been 
chosen.    (Sec.  301.) 


i 


73 

Treasurers  Must  Keep  Books  of  Account. 

It  shall  be  the  duty  of  the  treasurer  to  keep  a  detailed  and  exact 
account  of  all  money  or  its  equivalent  received  by  or  promised  to  such 
committee  or  any  member  thereof  or  by  or  to  any  person  acting  under 
its  authority  or  in  its  behalf,  and  the  name  of  every  person,  firm,  asso- 
ciation or  committee  from  whom  received,  and  of  all  expenditures,  dis- 
bursements and  promises  of  payment  or  disbursement  made  by  the  com- 
mittee or  any  member  thereof,  or  by  any  person  acting  under  its  author- 
ity or  in  its  behalf,  and  to  whom  paid,  distributed  or  disbursed.  (Sec. 
301.) 

Receipts  for  Disbursements. 

Every  payment  or  disbursement  made  by  a  political  committee  ex- 
ceeding ten  dollars  in  amount  must  be  evidenced  by  a  receipted  bill  stat- 
ing the  particulars  of  expense,  and  every  such  record,  voucher,  receipt 
or  account  shall  be  preserved  for  fifteen  months  after  the  election  to 
which  it  relates.    (Sec.  302.) 

Records  of  Contributions. 

All  persons  receiving  contributions,  payments,  loans,  gifts,  advances, 
deposits  or  promises  of  money  or  its  equivalent,  are  required  to  render 
detailed  accounts  to  the  treasurer  on  demand  and  in  any  event  within 
five  days,  and  it  is  the  duty  of  the  treasurer  to  forthwith  enter  the  name 
and  address  of  the  contributor  and  the  amount  of  the  contribution  in  the 
record  kept  for  that  purpose.     (Sec.  303.) 

Treasurer's  Statements — Where  Filed. 

The  treasurer  must  file  a  sworn,  itemized,  detailed  statement  not 
more  than  fifteen  days  and  not  less  than  ten  days  before  a  general 
election  of  representatives  in  congress  in  the  office  of  the  clerk  of  the 
house  of  representatives  in  Washington,  D.  C,  and  supplemental  state- 
ments each  sixth  day  thereafter  until  such  election.  He  shall  also  file 
a  similar  statement  within  thirty  days  after  such  election.  Each  of  said 
statements  must  conform  to  the  following  requirements: 

"First.  The  name  and  address  of  each  person,  firm,  association,  or 
committee  who  or  which  has  contributed,  promised,  loaned,  or  advanced 
to  such  political  committee  or  any  officer,  member  or  agent  thereof  either 
in  one  or  more  items,  money  or  its  equivalent  of  the  aggregate  amount 
or  value  of  one  hundred  dollars  or  more,  and  the  amount  or  sum  con- 
tributed, promised,  loaned,  or  advanced  by  each. 

"Second.  The  aggregate  sum  contributed,  promised,  loaned,  or  ad- 
vanced to  such  political  committee,  or  to  any  officer,  member  or  agent 
thereof,  in  amounts  of  less  than  one  hundred  dollars. 

"Third.  The  total  sum  of  all  contributions,  promises,  loans,  and  ad- 
vances received  by  such  political  committee  or  any  officer,  member,  or 
agent  thereof. 

"Fourth.  The  name  and  address  of  each  person,  firm,  association  or 
committee  to  whom  such  political  committee,  or  any  officer,  member  or 
agent  thereof,  has  distributed,  disbursed,  contributed,  loaned,  advanced, 
or  promised  any  sum  of  money  or  its  equivalent  of  the  amount  or  value 


74 

of  $10.00  or  more,  stating  the  amount  or  sum  distributed,  disbursed,  con- 
tributed, loaned,  advanced,  or  promised  to  each,  and  the  purpose  thereof. 

"Fifth.  The  aggregate  sum  distributed,  disbursed,  contributed, 
loaned,  advanced,  or  promised  by  such  political  committee,  or  any 
officer,  member  or  agent  thereof,  where  the  amount  or  value  of  such  dis- 
tribution, disbursement,  loan,  advance  or  promise  to  any  one  person,  firm, 
association,  or  committee  in  one  or  more  items  is  less  than  ten  dollars. 

"Sixth.  The  total  sum  disbursed,  distributed,  contributed,  loaned, 
advanced,  or  promised  by  such  political  committee,  or  any  officer,  member 
or  agent  thereof." 

The  clerk  shall  preserve  said  statements  for  fifteen  months.  They 
shall  be  a  part  of  the  public  records  and  open  to  public  inspection.  ( Sees. 
304  and  305.) 

Statements  of  Contributions  Not  Made  to  a  Political  Committee. 

Every  person,  firm,  association  or  committee  except  political  com- 
mittees, expending  $50  or  more  for  influencing  congressional  elections  in 
two  or  more  states,  must  file  statements  under  oath  the  same  as  required 
of  treasurers,  with  the  clerk  of  the  house  of  representatives,  Washington, 
D.  C.     (Sec.  306.) 

"Candidate"  Defined. 

The  word  "candidate"  as  used  in  the  federal  corrupt  practices  act 
shall  include  all  persons  whose  names  are  presented  for  nomination  for 
representative  or  senator  in  the  congress  of  the  United  States  at  any  pri- 
mary election  or  nominating  convention  or  for  indorsement  or  election 
at  any  general  or  special  election  held  in  connection  with  the  nomination 
or  election  of  a  person  to  fill  such  office,  whether  or  not  such  persons 
are  actually  nominated,  indorsed  or  elected,     (Sec.  307.) 

Statements  of  Candidates  for  Representative  in  Congress  to  Be  Filed 
Prior  to  a  Primary  Election,  Convention  or  Election.  Where 
Filed. 

Every  candidate  at  any  primary  election  or  nominating  convention 
or  at  any  general  or  special  election,  as  representative  in  congress,  shall, 
not  less  than  ten  nor  more  than  fifteen  days  before  any  such  primary, 
convention  or  election,  file  with  the  clerk  of  the  house  of  representatives 
at  Washingington,  D.  C,  a  full,  correct,  and  itemized  statement  of  all 
moneys  and  things  of  value  received  by  him  in  aid  or  support  of  his 
candidacy,  together  with  the  names  of  all  those  who  have  furnished  the 
same  in  whole  or  in  part;  and  such  statement  shall  contain  a  true  and 
itemized  account  of  all  moneys  and  things  of  value  given,  contributed, 
expended,  used,  or  promised  by  such  candidate,  or  representative,  to- 
gether with  the  names  of  all  those  to  whom  any  and  all  such  gifts,  con- 
tributions, payments,  or  promises  were  made,  for  the  purpose  of  procur- 
ing his  nomination  or  election.     (Sec.  307.) 

Statement  of  Candidates  for  U.  S.  Senate  to  Be  Filed  Prior  to  a  Primary 
Election,  Convention  or  Election.    Where  Filed. 

Every  candidate  at  any  primary  election  or  nominating  convention 
or  for  indorsement  at  any  general  or  special  election  or  by  the  legisla- 


75 

ture  of  any  state,  shall,  not  less  than  ten  nor  more  than  fifteen  days 
before  such  primary  election,  convention,  or  election  and  not  less  than  five 
nor  more  than  ten  days  before  the  day  upon  which  the  first  vote  is  to  be 
taken  in  the  two  houses  of  the  legislature,  file  with  the  secretary  of  the 
senate  at  Washington,  D.  C,  a  full,  correct  and  itemized  statement  of  all 
moneys  and  things  of  value  received  by  him  in  aid  or  support  of  his 
candidacy,  together  with  the  names  of  all  those  who  have  furnished 
the  same  in  wBole  or  in  part,  and  such  statement  shall  contain  a  true 
and  itemized  account  of  all  moneys  and  things  of  value  given,  con- 
tributed, expended,  used,  or  promised  by  such  candidate  or  his  represen- 
tatives, together  with  the  names  of  all  those  to  whom  any  and  all  such 
gifts,  contributions,  payments,  or  promises  were  made  for  the  purpose 
of  procuring  his  nomination  or  election.    (Sec.  307.) 

Statement  of  Candidate  for  Senator  or  Representative  in  Congress  to  Be 
Filed  After  a  Primary,  Convention  or  Election.     Where  Filed. 

Every  such  candidate  for  nomination  at  any  primary  election  or 
nominating  convention,  or  for  indorsement  or  election  at  any  general  or 
special  election,  or  for  election  by  the  legislature  of  any  state,  shall, 
within  fifteen  days  after  such  primary  election  or  nominating  conven- 
tion, and  in  thirty  days  after  any  such  general  or  special  election,  and 
within  thirty  days  after  the  day  upon  which  the  legislature  shall  have 
elected  a  senator,  file  with  the  clerk  of  the  house  of  representatives  or 
with  the  secretary  of  the  senate,  as  the  case  may  be,  a  full,  correct,  and 
itemized  statement  of  all  moneys,  etc.,  received  by  him,  together  with  the 
names  of  all  those  who  have  furnished  the  same  in  whole  or  in  part; 
and  such  statements  shall  contain  a  true  and  itemized  account  of  all 
moneys,  etc.,  expended  by  any  such  candidate,  upon,  on,  and  after  the 
day  of  such -primary  election,  convention  or  election,  or  election  by  the 
legislature,  together  with  the  names  of  all  contributing  to  aid  in  his 
nomination  or  election.  Every  such  statement  shall  also  include  all 
promises  or  pledges  relative  to  appointment  to  office  in  the  county,  state 
or  nation  or  in  any  private  or  corporate  employment  made  to  aid  in  his 
nomination  or  election.  If  none  has  been  made  such  fact  should  be  dis- 
tinctly stated.     (Sec.  307.) 

Candidates  for  Senator  or  Representative  in  Congress  Prohibited  From 
Promising  Any  Office  or  Position  to  Procure  Support  of  Candi- 
dacy. 

No  candidate  for  representative  in  congress  or  for  senator  of  the 
United  States  shall  promise  any  office  or  position  to  any  person,  or  to 
use  his  influence  or  to  give  his  support  to  any  person  for  any  office  or 
position  for  the  purpose  of  procuring  the  support  of  such  person,  or  of 
any  person  in  his  candidacy.     (Sec.  307.) 

Candidates  for  U.  S.  Senate  Prohibited  From  Contributing  to  Campaign 
Fund  of  a  Candidate  for  the  General  Assembly.  May  Contribute 
to  Political  Committees. 

No  candidate  for  senator  of  the  United  States  shall  give,  contribute, 
expend,  use,  or  promise  any  money  or  thing  of  value  to  assist  in  procur- 


76 

ing  the  nomination  or  election  of  any  particular  candidate  for  the  legis- 
lature of  the  state  in  which  he  resides,  but  such  candidate  may,  within 
the  limitations  and  restrictions  and  subject  to  the  requirements  of  this 
act,  contribute  to  political  committees  having  charge  of  the  disburse- 
ment of  campaign  funds.     (Sec.  307.) 

Limitation  on  Expenditures  by  Candidates  for  Senator  or  Representative 
in  Congress. 

No  candidate  for  senator  or  representative  in  congress  shall  expend 
more  than  allowed  by  the  laws  of  the  state  where  he  resides:  Provided, 
A  candidate  for  representative  may  expend  in  the  aggregate  not  to 
exceed  $5,000  and  a  candidate  for  the  U.  S.  senate  not  to  exceed  $10,000: 
Provided,  further.  That  assessments  under  the  laws  of  his  state  or  for 
necessary  personal  expenses  for  travel  and  subsistence,  stationery  and 
postage,  writing  or  printing  (other  than  in  newspapers),  and  distributing 
letters,  circulars,  and  posters,  and  for  telegraph  and  telephone  service 
shall  not  be  regarded  as  an  expenditure  within  the  meaning  of  the 
federal  corrupt  practices  act.     (Sec.  307.) 

What  Second  or  Subsequent  Statements  Shall  Contain. 

A  statement  required  before  an  election  or  election  by  the  legisla- 
ture need  not  contain  items  of  which  publicity  has  been  given  in  a  pre- 
vious statement,  but  the  statement  after  the  general  election  or  electic>n 
by  the  legislature  shall  in  addition  to  an  itemized  statement  of  all  ex- 
penses not  theretofore  given  publicity,  contain  a  summary  of  all  preced- 
ing statements.    (Sec.  307.) 

All  Statements  Must  Be  Verified. 

Every  statement  required  under  the  federal  corrupt  practices  act 
shall  be  verified  by  the  oath  or  affirmation  of  the  candidate,  taken  before 
an  officer  authorized  to  administer  oaths.     (Sec.  307.) 

When  Statement  Deemed  Filed. 

The  depositing  of  any  statement  in  a  regular  postoffice,  directed  to 
the  clerk  of  the  house  of  representatives,  or  to  the  secretary  of  the 
senate,  as  the  case  may  be,  duly  stamped  and  registered,  shall  be  deemed 
a  sufficient  filing  of  any  statement  under  the  federal  corrupt  practices 
act.     (Sec.  307.) 

Federal  Corrupt  Practices  Act  Does  Not  Annul  or  Vitiate  the  Laws  of 
Any  State. 

The  federal  corrupt  practices  act  shall  not  be  construed  to  annul  or 
vitiate  the  laws  of  any  state,  not  directly  in  conflict  therewith,  relating 
to  the  nomination  or  election  of  candidates  for  the  office  therein  named, 
or  to  exempt  any  candidate  from  complying  with  such  state  laws.  (Sec. 
307.) 

Expenditures  Not  Subject  to  the  Provisions  of  the  Federal  Corrupt  Prac- 
tices Act. 

Any  person  may  in  connection  with  an  election  incur  and  pay  from 
his  own  private  funds  for  the  purpose  of  influencing  or  controlling,  in 


77 

two  or  more  states,  the  results  of  an  election  at  which  representatives 
in  the  congress  of  the  United  States  are  elected,  all  necessary  personal 
expenses  for  his  traveling,  for  stationery  and  postage,  and  for  telegraph 
and  telephone  service,  without  being  subject  to  the  provisions  of  the  act. 
(Sec.  308.) 

No  Limit  on  Legal  Expenses  to  Contest  an  Election. 

Nothing  contained  in  the  federal  corrupt  practices  act  limits  or 
affects  the  right  of  any  person  to  spend  money  for  proper  legal  ex- 
penses in  maintaining  or  contesting  the  results  of  any  election.  (Sec. 
309.) 

Penalty  for  Violation  of  the  Corrupt  Practices  Act. 

Every  person  wilfully  violating  any  of  the  provisions  of  the  federal 
corrupt  practices  act  shall,  upon  conviction,  be  fined  not  more  than  $1,000 
or  imprisoned  not  more  than  one  year,  or  both.     (Sec.  310.) 

National   Banks   and   Corporations   Must   Not   Contribute  to   Campaign 
Funds.     Penalties- 
National  banks  and  corporations  organized  by  authority  of  congress 
are  prohibited  from  making  contributions  in  connection  with  any  elec- 
tion to  any  political  office. 

All  corporations  are  prohibited  from  making  contributions  in  con- 
nection with  any  election  at  which  presidential  and  vice-presidential  elec- 
tors or  a  representative  in  congress  is  to  be  voted  for,  or  any  election 
by  any  state  legislature  of  a  United  States  senator. 

A  corporation  violating  any  of  the  provisions  of  this  act  (35  Stat.  L. 
1103)  is  subject  to  a  fine  not  to  exceed  $5,000.  Officers  of  a  corporation 
violating  the  act,  who  consent  thereto,  shall  be  subject  to  a  fine  of  not 
less  than  $250  nor  more  than  $1,000,  or  imprisonment  for  not  more  than 
one  year,  or  both  such  fine  and  imprisonment  in  the  discretion  of  the 
court.    (Sec.  311.) 


INTERPRETATION  OF  THE 
PRIMARY  LAW 


(») 


INTERPRETATION  OF  THE  INDIANA  STATE 
PRIMARY  LAW. 

PART  I. 

PURPOSE  OF  LAW—POLITICAL  PARTIES  AFFECTED— OFFICES, 

CANDIDATES  FOR  WHICH  MUST  BE  NOMINATED 

—DATE  OF  PRIMARY. 

Purpose  of  Primary  Law. 

It  is  the  purpose  of  the  primary  law  to  secure  to  each  individual 
member  of  each  of  the  political  parties  subject  to  the  law  the  right  to 
express  directly  his  preference  among  the  various  candidates  of  his  party 
for  the  offices  of  President  and  Vice-President  of  the  United  States,  of 
United  States  senator,  members  of  congress  and  governor  of  Indiana; 
candidates  for  members  of  the  state  legislature,  judges  and  prose- 
cuting attorney  of  his  district;  candidates  for  elective  offices  of  his  county, 
township  and  city;  participate  directly  in  the  election  of  the  precinct  com- 
mitteeman of  his  party  in  his  precinct,  and  the  delegates  who  shall  rep- 
resent him  in  the  state  convention  of  his  party. 

A  second  purpose  of  the  primary  law  is  to  so  safeguard  the  voter 
in  the  exercise  of  his  choice  of  candidate  of  his  party,  that  his  preference 
as  recorded  by  him  on  his  ballot  shall  be  counted  exactly  as  he  makes  it. 
Acordingly  the  law  not  only  provides  penalties  for  violation  of  acts  for- 
bidden by  it,  but  makes  applicable  to  the  primary  the  penal  laws  regu- 
lating general  elections  and  the  "corrupt  practices  act." 

A  third  purpose  of  the  law  is  to  enable  members  of  each  political 
party  participating  in  the  primary  to  preserve  their  party's  integrity 
against  the  manipulation  of  members  of  a  rival  party. 

Election  officials  charged  with  the  duty  of  safeguarding  the  rights 
of  voters,  should  see  to  it  that  the  law  is  enforced  according  to  its  spirit, 
and  should  resolve  all  doubts  as  to  the  interpretation  of  the  law  in  favor 
of  the  construction  which  best  secures  the  voter  in  the  exercise  of  his 
rights  under  the  law. 

Political  Parties  to  Which  Law  Applies. 

The  primary  election  law  applies  to  nominations  to  be  made  by  all 
parties,  which  at  the  last  general  election  preceding  the  primary,  cast 
10  per  cent  or  more  of  the  total  vote.  The  vote  for  secretary  of  state  is 
fixed  as  the  basis  for  determining  whether  a  political  party  is  subject  to 
the  law.  In  1920  the  total  vote  cast  for  secretary  of  state  was  1,249,762, 
divided  as  follows: 

Democratic 510,239      Socialist 23,404 

Republican 686,974      Farmer-Labor 16,702 

Prohibition 12,443 

No  party  which  cast  less  than  124,979  votes  for  secretary  of  state 
in  1920  is  entitled  to  participate  in  the  primary  of  1922;  so  that  in  1922 

6—22129  (81) 


82 

the  democratic  and  republican  parties  must  nominate  their  candidates 
under  the  primary  law  throughout  the  state,  and  no  other  political  party 
can.     (Sec.  399.) 

The  Offices,  Candidates  for  Which  Are  Nominated  at  the  Primary. 

Candidates  for  the  following  offices  in  each  political  party  subject  to 
the  law  must  be  nominated  at  the  primary: 

Representatives  in  congress; 

State  senators  and  representatives; 

Judges  of  the  circuit,  superior,  criminal,  probate  and  juvenile  courts; 

Prosecuting  attorneys; 

All  county  officers,  including  treasurer,  auditor,  sheriff,  recorder, 
clerk  of  the  circuit  court,  surveyor,  coroner,  assessor,  commissioners,  and 
members  of  the  county  council; 

Township  trustees,  township  assessors,  justices  of  the  peace,  and 
constables.     (Sec.  399.) 

All  elective  city  officials  (at  a  separate  city  primary.) 

The  primary  law  also  provides  that  the  members  of  each  party  par- 
ticipating in  the  primary  may  express  their  preference  for  candidates  of 
their  party  for  president  and  vice-president  of  the  United  States,  for 
United  States  senator  and  governor;  and  provides  further  that  in  the 
event  any  candidate  either  for  president  or  vice-president  receives  in  the 
primary  a  majority  of  all  the  votes  cast  in  his  party  at  the  primary  for 
such  office,  the  delegates  to  the  national  convention  of  such  party  shall  be 
bound  to  support  such  candidate  receiving  such  majority  so  long  as  his 
name  is  before  such  national  convention;  and  provides  further  that  if  any 
candidate  for  senator  or  governor  receives  a  majority  of  all  votes  cast  in 
his  party  at  such  primary  for  such  office,  such  candidate  receiving  such 
majority  shall  be  declared  the  nominee  of  such  party  for  such  office. 
(Sec.  429.) 

Also  at  each  primary  preceding  a  general  election  the  following  party 
representatives  are  to  be  elected: 

Precinct  committeemen; 

Delegates  to  state  conventions.     (Sees.  399  and  409.) 

State  Conventions. 

Each  political  party  in  its  state  convention  shall  nominate  candidates 
for  such  party  for  all  state  offices,  including  United  States  senator  and 
governor:  Provided,  however,  that  in  the  event  any  candidate  either  for 
United  States  senator  or  governor  shall  at  the  primary  preceding  such 
state  convention  have  been  nominated  by  reason  of  his  having  received  a 
majority  of  all  votes  cast  by  members  of  his  party  for  such  office,  then 
such  nomination  at  the  primary  shall  be  binding  upon  such  state  con- 
vention. 

Also  the  following  party  representatives  are  to  be  elected  by  the 
state  convention. 

Delegates  and  alternate  delegates  to  the  national  convention. 

Presidential  electors  and  alternate  electors.     (Sec.  430.) 


83 

Date  Fixed  for  Primary. 

The  law  fixes  the  first  Tuesday  after  the  first  Monday  in  May  of  each 
year  preceding  each  state,  congressional,  county,  city  and  township  elec- 
tion as  the  date  for  holding  the  primary.    (Sec.  406.) 

The  polls  must  be  open  from  six  (6)  o'clock  in  the  morning  until  six 
(6)  o'clock  in  the  evening.     (Sec.  419.) 

PART  II. 

PRIMARY  ELECTION  OFFICIALS— HOW  CHOSEN— GENERAL 

DUTIES. 

The  following  state  and  county  officials  are  charged  with  certain 
duties  in  primary  elections:  Secretary  of  state,  treasurer  of  state,  attor- 
ney-general, county  auditors,  clerks  of  the  circuit  court,  county  sheriffs, 
boards  of  county  commissioners  and  township  trustees.  The  duties  of 
such  officers  are  hereinafter  set  out. 

The  primary  law  authorizes  the  creation  of  a  board  of  primary  elec- 
tion com^nissioners  for  each  county  of  the  state,  and  a  precinct  election 
board  for  each  precinct  of  the  state. 

The  board  of  primary  election  commissioners  of  each  county  consti- 
tute the  county  canvassing  board  of  such  county. 

The  secretary  of  state,  the  treasurer  of  state,  and  the  attorney- 
general  constitute  the  state  canvassing  board.     (Sec.  424.) 

BOARD  OF  PRIMARY  ELECTION  COMMISSIONERS. 

The  board  of  primary  election  commissioners  of  each  county  shall  be 
composed  of  the  clerk  of  the  circuit  court  and  two  others  to  be  appointed 
by  him;  one  of  each  of  the  persons  so  appointed  shall  be  taken  from  the 
two  political  parties  casting  the  highest  vote  in  said  county  in  the  last 
general  election  for  secretary  of  state.  These  persons  shall  be  nominated 
in  writing  by  the  respective  county  chairmen  of  the  two  parties;  such 
primary  election  commissioners  also  serve  as  election  commissioners  at 
the  general  election.  The  primary  election  commissioners  may  employ  all 
necessary  clerical  assistants.     (Sec.  402.) 

Precinct  Election  Boards — Qualifications — How  Chosen. 

The  primary  election  board  of  each  precinct  is  composed  of  one  in- 
spector, two  judges,  two  clerks,  two  sheriffs  and  one  poll  book  holder  for 
each  political  party  participating  in  the  primary.     (Sec.  403.) 

Qualification  of  Election  Officers. 

The  inspector  and  each  judge  must  have  been  a  freeholder  and  a 
resident  householder  of  his  precinct  for  one  year,  or  a  resident  house- 
holder for  two  years  immediately  preceding  the  day  of  election.  If  no 
person  qualified  to  act  will  consent  to  serve  as  inspector  or  judge,  or  if 
there  be  no  person  residing  in  the  precinct  qualified  to  act  as  inspector 
or  judge  by  reason  of  the  fact  that  he  has  not  been  a  resident  householder 
within  the  precinct  for  two  years,  or  a  freeholder  and  householder  for  the 


84 

year  next  preceding  the  election,  then  any  qualified  voter  of  the  precinct 
may  be  appointed.     (Sec.  405.) 

Neither  an  inspector  nor  judge  can  have  anything  bet  or  wagered 
on  the  election,  or  be  a  father,  father-in-law,  son,  son-in-law,  grandfather, 
grandson,  brother,  brother-in-law,  uncle,  nephew,  or  first  or  second  cousin 
of  any  candidate  at  the  election. 

The  poll  clerks  and  the  sheriffs  must  each  be  qualified  voters  of 
the  precinct. 

No  person  holding  an  appointive  or  elective  office  in  the  city,  town- 
ship, county,  state  or  federal  government  is  eligible  to  serve  as  an  inspec- 
tor or  judge  of  a  primary.  This  does  not  disqualify  a  notary  public.  The 
officers  referred  to  are  those  who  have  duties  to  exercise  towards  the 
public  and  who  take  an  oath  of  office.  Among  the  persons  so  disqualified 
are  deputy  clerks  of  the  circuit  court,  deputy  county  and  township  asses- 
sors, deputy  sheriffs,  deputy  recorders,  deputy  auditor  of  state,  deputy 
secretary  of  state,  deputy  clerk  of  the  supreme  court,  etc.,  etc.  Persons 
who  simply  have  public  employment,  and  who  are  not  required  to  take  an 
oath  of  office,  such  as  janitors  of  courthouses  and  the  like,  are  not  dis- 
qualified.    (Sec.  410.) 

How  Appointed. 

Inspectors,  judges  and  clerks  are  appointed  as  follows: 

The  party  casting  the  highest  number  of  votes  in  the  county  for  sec- 
retary of  state  at  the  preceding  general  election  shall  name  the  inspector. 

The  party  participating  in  the  primary  and  casting  the  next  highest 
vote  in  the  county  for  secretary  of  state  names  one  of  the  judges,  and  so 
on.     (Sec.  403.)     To  illustrate: 

In  Marion  county  in  1920  the  republican  party  cast  79,836  votes  for 
secretary  of  state,  the  democratic  party  61,390,  so  that  in  such  county  in 
each  precinct  the  republicans  will  name  the  inspector,  one  judge,  one  clerk 
and  one  sheriff,  and  the  democrats  will  name  one  judge,  one  clerk  and  one 
sheriff. 

The  county  chairmen  of  each  political  party  shall  nominate  the  pre- 
cinct election  officers  to  which  such  party  is  entitled.  Such  nomination 
should  be  made  in  writing,  and  delivered  to  the  board  of  primary  election 
commissioners  at  least  five  (5)  days  before  the  holding  of  such  primary. 
Any  vacancy  in  a  precinct  primary  board,  occurring  prior  to  the  date  of 
the  primary  should  be  filled  by  the  county  chairmen  of  the  political  party 
originally  nominating  such  election  officer.  This  should  be  done  by  a  cer- 
tificate in  writing,  signed  by  such  chairman  and  delivered  to  the  board  of 
primary  election  commissioners.     (Sec.  405.) 

In  the  event  any  county  chairman  who  is  entitled  to  nominate  any 
primary  election  officer  fails  to  do  so,  or  in  case  of  vacancy  fails  to 
nominate  an  officer  to  fill  such  vacancy,  the  assembled  voters  of  the  pre- 
cinct on  election  morning  shall  name  such  precinct  election  officer  from 
the  members  duly  qualified  to  serve  of  the  party  whose  chairman  would 
have  been  entitled  to  make  such  nomination.     (Sec.  405.) 

The  sheriffs  are  to  be  chosen  one  each  upon  the  written  nomination 
of  the  county  chairman  of  each  of  the  two  parties  that  cast  the  largest 


85 

number  of  votes  in  the  state  at  the  last  general  election,  to-wit,  the  demo- 
cratic and  republican  parties.  They  are  appointed  by-  the  sheriff  of  the 
county  upon  such  written  nominations. 

The  several  township  trustees,  who  are  by  virtue  of  their  offices 
inspectors  at  the  general  election  in  the  precincts  in  which  they  reside,  are 
not  election  inspectors  in  their  precincts  under  the  primary  law,  but  such 
inspectors  are  to  be  selected  in  the  manner  provided  by  the  primary  law 
as  hereinbefore  stated. 

PAY  OF  ELECTION  OFFICERS. 

Each  inspector,  judge,  clerk  and  sheriff  of  the  primary  election  shall 
be  allowed  and  paid  three  ($3.00)  dollars  a  day  for  each  day's  service 
while  attending  such  election  and  performing  the  duties  of  his  office. 
(Sec.  418.) 

PART  III. 

ELECTION  PRECINCTS— VOTING  PLACES. 

Election  precincts  for  primary  elections  are  to  be  the  same  as  for 
general  elections. 

Voting  Places. 

It  is  important  that  voters  be  informed  as  to  the  location  of  precinct 
voting  places  early. 

It  is  the  duty  of  the  county  commissioners,  preceding  a  primary 
before  a  general  election,  and  the  city  council,  in  case  of  a  city  primary, 
to  arrange  for  voting  places  in  the  several  primary  precincts,  and  to  give 
notice  ten  days  before  the  date  of  such  primary  of  such  voting  places  by 
two  (2)  publications  in  one  paper  of  each  of  the  two  leading  parties  of 
the  county  or  city.  This  publication  shall  be  made  for  two  (2)  consecu- 
tive weeks  prior  to  the  primary.  If  there  are  no  newspapers  in  the 
county  representing  the  two  leading  political  parties  of  the  county,  the 
county  chairman  of  each  of  the  two  leading  parties  (which  is  to  be  deter- 
mined by  the  highest  number  of  votes  cast  for  secretary  of  state  in  such 
county  at  the  preceding  general  election)  shall  each  designate  a  paper  in 
which  the  notice  shall  be  printed. 

It  is  the  duty  of  the  township  trustee  of  each  township  at  ^s  early  a 
date  as  possible  to  post  notices  designating  the  location  of  the  polling 
places  in  the  several  precincts  of  his  township  in  at  least  three  (3)  public 
places  in  each  precinct  in  his  township.     (Sec.  415.) 

Changes  in  polling  places  selected  should  not  be  made  unless  abso- 
lutely necessary.  If  it  should  become  necessary  to  change  any  voting 
place  after  such  notice  has  been  given,  then  a  like  publication  of  such 
change  shall  be  made,  but  no  change  shall  be  made  within  two  (2)  days 
before  holding  a  primary,  and  in  the  event  a  change  is  made  less  than 
two  (2)  weeks  prior  to  the  primary,  the  two  publications  shall  be  made 
at  the  earliest  possible  dates.     (Sec.  417.) 

All  publications  made  under  the  provisions  of  the  primary  law  may 
be  made  either  in  daily  or  weekly  papers.     (Sec.  417.) 


86 

PART  IV. 

DUTY  OF  PRIMARY  COMMISSIONERS  TO  DISTRICT  COUNTY  FOR 
ELECTION  OF  DELEGATES  TO  STATE  CONVENTIONS. 

The  primary  law  provides  that  delegates  to  the  state  conventions  of 
the  parties  subject  to  the  law  are  to  be  elected  at  the  primary. 

It  is  the  duty  of  the  board  of  primary  election  commissioners  of  each 
county,  at  as  early  a  date  as  possible,  to  divide  the  county  into  as  many 
different  sets  of  districts  for  the  purpose  of  apportioning  delegates  to  the 
state  conventions  as  there  are  parties  participating  in  the  primary,  one 
set  of  districts  for  each  party  so  participating.     (Sec.  428.) 

Each  political  party  is  entitled  in  each  county  to  one  delegate  for 
each  four  hundred  votes,  and  one  for  each  fraction  of  two  hundred  or 
more  votes  cast  in  such  county  by  such  party  for  the  candidate  on  such 
party's  state  ticket  in  the  last  preceding  general  election  who  received 
in  the  state  the  highest  vote.     (Sec.  428.) 

The  board  of  primary  election  commissioners  should  make  the  appor- 
tionment for  delegates  for  each  party  as  equitably  as  possible  among  the 
wards  and  townships  of  the  county  so  as  to  give  each  party  voter  repre- 
sentation. In  most  counties  it  will  be  found  impracticable,  if  not  impos- 
sible, to  apportion  the  delegates  among  the  precincts,  and  that  the  appor- 
tionment must  be  made  by  wards  and  townships.  One  or  more  wards 
and  one  or  more  townships  may  be  joined  together  in  one  delegate 
district. 

In  townships  containing  the  smaller  cities  and  towns,  both  precincts 
and  wards  may  be  disregarded  in  districting  for  delegates,  and  the  town- 
ship in  which  such  city  or  town  is  situated  may  be  made  a  delegate 
district.     (Sec.  428.) 

PART  V. 

PETITIONS  AND  DECLARATIONS  OF  CANDIDACY  REQUIRED  OF 

CANDIDATES  WHO  DESIRE  NAMES  PLACED  ON 

PRIMARY  BALLOT. 

There  are  two  general  methods  by  which  persons  desirous  of  having 
their  names  on  the  primary  ballot  of  their  party  may  qualify  as  candi- 
dates: 

1.  By  filing  a  petition  of  voters; 

2.  By  filing  a  declaration  of  candidacy. 

Candidates  for  certain  offices  must  pursue  one  method;  candidates 
for  certain  other  offices  the  other. 

No  candidate  for  president,  vice-president.  United  States  senator, 
governor,  or  for  delegates  to  the  state  convention  can  have  his  name 
placed  on  the  primary  ballot  as  such  candidate  unless  a  petition  therefor 
signed  by  qualified  voters  shall  have  been  filed  as  hereinafter  set  out. 
(Sec.  412,  431.) 

All  that  is  required  of  a  candidate  for  any  other  office  to  be  voted 
for  at  the  primary  is  to  file  a  declaration  of  candidacy  as  hereinafter  set 
out.    (Sec.  411.) 


.87 

RULES  GOVERNING  PETITIONS. 

1.  Candidate  for  President,  Vice-President,  United  States  Senator  and 

Governor. 

Any  person  who  is  a  candidate  for  president,  vice-president,  United 
States  senator  or  governor,  and  desires  his  name  placed  on  the  primary 
ticket,  must,  at  least  sixty  (60)  days  before  the  primary,  file  a  written 
request,  made  either  in  person  or  by  some  one  on  his  behalf,  with  the 
secretary  of  state  that  his  name  be  placed  on  his  party  ballot,  and  at 
the  same  time  file  a  petition  signed  by  at  least  five  hundred  (500)  voters 
of  the  state  asking  that  the  name  of  such  person  shall  be  so  printed  on 
the  ballot  as  a  candidate  for  such  office,  and  that  they  (the  petitioners) 
desire  to  vote  for  such  candidate.    (Sec.  412.) 

2.  Delegates  to  State  Conventions. 

A  candidate  for  delegate  to  the  state  conventions  of  any  party  par- 
ticipating in  the  primary,  in  order  to  have  his  name  printed  on  the  pri- 
mary ballot,  must  be  nominated  by  petition  as  follows: 

Any  ten  legal  voters  of  any  one  party  in  any  county  may  file  such 
nominating  petition.  The  names  of  the  petitioners  shall  be  signed  in  ink, 
and  the  residence  of  each  petitioner  shall  be  set  opposite  his  name. 
(Sec.  431.) 

Such  petition  shall  state  the  party,  territorial  unit  and  convention  for 
which  said  delegate  is  nominated,  and  some  one  of  said  petitioners  shall 
make  and  subscribe  to  an  oath,  to  be  attached  to  said  petition,  that  he,  the 
affiant,  supported  a  fnajority  of  the  candidates  of  said  party  at  the  last 
preceding  election,  and  that  he  intends  to  support  a  majority  of  said 
party's  candidates  at  the  next  general  election;  that  he  believes,  to  the 
best  of  his  knowledge  and  belief,  that  each  person  who  signed  said  peti- 
tion supported  a  majority  of  the  candidates  of  said  party  at  the  last 
preceding  election,  and  that  each  intends  to  support  a  majority  of  said 
party's  candidates  at  the  next  general  election.     (Sec.  431.) 

Such  petition  nominating  a  delegate  to  a  state  convention  must  be 
filed  with  the  clerk  of  the  circuit  court  not  less  than  twenty  (20)  days 
before  the  primary.     (Sec.  431.) 

When  such  petition  is  filed,  accompanied  by  the  required  affidavit,  the 
board  of  primary  election  commissioners  must  place  the  name  of  the 
person  so  nominated  on  the  ballot,  their  duties  in  this  respect  being 
ministerial. 

Ten  persons  residing  in  a  county  may,  by  filing  one  petition  with  the 
required  affidavit  thereto  attached,  nominate  all  the  delegates  from  such 
county  for  one  party  to  its  state  convention;  that  is,  nominate  for  each 
delegate  district  of  the  county  as  many  delegates  as  such  delegate  district 
is  entitled  to.  The  persons  so  nominated  must  reside  in  the  districts  for 
which  they  are  nominated  as  delegates,  that  is,  in  the  wards  or  townships 
into  which  the  county  has  been  divided  for  delegate  purposes,  and  the 
petition  must  show  what  particular  persons  are  nominated  for  each  of 
such  districts,  and  that  the  persons  so  named  do  reside  in  such  districts 
for  which  they  are  nominated.  The  filing  of  such  a  joint  petition  does  not 
prevent  the  filing  of  other  petitions,  either  joint  or  separate.    (Sec.  431.) 


88 

The  fact  that  a  person  holds  an  appointive  or  an  elective  office  eithei 
in  the  city,  township,  county  or  state  government,  does  not  disqualify  hin 
from  being  a  candidate  for  delegate  to  the  state  convention  of  a  politica. 
party. 

The  same  person  may  at  one  primary  be  a  candidate  for  nominatior 
for  any  office,  and  also  be  a  candidate  for  delegate  to  the  state  convention 

The  same  person  may  be  a  candidate  both  for  delegate  to  the  state 
convention  and  precinct  committeeman. 

Declaration  of  Candidacy. 

Candidates  for  all  offices,  except  those  desiring  to  be  placed  on  the 
primary  ballot  as  candidates  for  President,  Vice-President,  United  Statef 
senator  and  governor,  excepting  those  who  are  candidates  for  offices  which 
must  be  nominated  by  the  state  convention  of  a  party,  and  except  dele- 
gates to  the  state  convention,  are  required  to  file  a  declaration  of  candi- 
dacy at  least  thirty  (30)  days  and  not  more  than  sixty  (60)  days  prior  to 
the  primary  election.  Such  declarations  are  to  be  filed  with  the  following 
officers: 

In  case  of  candidates  for  member  of  the  national  house  of  representa- 
tives, member  of  the  general  assembly,  or  for  a  judicial  office,  including 
judges  of  the  circuit,  superior,  probate,  criminal  and  juvenile  courts,  or 
for  prosecuting  attorney,  with  the  secretary  of  state. 

In  case  of  any  candidate  for  a  county  or  township  office  or  for  pre- 
cinct committeeman,  with  the  clerk  of  the  circuit  court,  and  for  a  city 
office  with  the  city  clerk. 

A  declaration  of  candidacy  must  be  signed  by  the  candidate  in  person^ 
but  may  be  filed  for  him  by  any  person.     (Sec.  411.)  i 

No  Fees  Required.  ] 

That  part  of  section  13  of  the  primary  law  which  required  the  pay* 
ment  by  candidates  of  fees  upon  filing  declarations  of  candidacy  has  bee4 
declared  invalid.  No  fees  therefore  are  required  to  be  paid  by  any  candi4 
date  for  nomination. 

Declaration  of  Candidate  for  Precinct  Committeeman. 

In  each  precinct  in  this  state  each  of  the  political  parties  subject  t 
the  primary  law  shall  at  such  primary  elect  a  precinct  committeeman] 
who  is  to  serve  until  the  next  primary  election:  Provided,  however,  thai 
any  such  precinct  committeeman  may  be  removed  for  cause  after  hearing 
under  such  rules  and  regulations  as  may  be  adopted  by  the  respective 
state  central  committees  of  the  parties  governed  by  the  primary  law 
(Sec.  400.) 

A  candidate  for  precinct  committeeman  must  file,  at  least  thirty  (30 
and  not  more  than  sixty  (60)  days  prior  to  the  primary,  a  declaratioi 
with  the  clerk  of  the  circuit  court  of  the  county  in  which  he  resides,  stat 
ing  that  he  is  a  qualified  voter  of  a  certain  precinct  and  township,  or, 
he  resides  in  a  city,  of  a  precinct  and  ward,  in  the  latter  case  giving  hij 
street  number,  if  any  he  has,  and  requesting  that  his  name  be  placed  oi 
the  official  primary  ballot  as  a  candidate  of  the  party  of  which  he  is 
member,  and  of  which  he  desires  to  be  elected  a  precinct  committeeman 
(Sec.  411.) 


89 

Certifying  Names  of  Candidates  Filed  with  Secretary  of  State  to  County 
Clerks — Publication  of  Same. 

Twenty  (20)  days  before  any  county  primary  preceding  a  general 
election,  the  secretary  of  state  shall  transmit  to  the  clerk  of  the  circuit 
court  of  each  county  a  certified  list  containing  the  names  and  postofRce 
addresses  of  each  person  for  whom  a  declaration  of  candidacy  has  been 
filed  in  his  office,  stating  the  name  of  the  office  for  which  the  person  is  a 
candidate  and  the  party  he  represents.  Upon  the  receipt  of  this  certifi- 
cate the  clerk  of  the  circuit  court  shall  immediately  publish,  under  the 
proper  party  designation,  the  names  and  addresses  of  all  persons  for 
whom  nominating  papers  have  been  filed,  whether  in  his  office  or  in  that 
of  the  secretary  of  state,  giving  the  name  and  address  of  each  person,  the 
date  of  the  primary  and  the  hours  during  which  the  polls  will  be  open, 
i  This  notice  must  be  published  for  two  consecutive  weeks  prior  to  the 
primary  in  one  paper  of  each  of  the  two  leading  political  parties  of  the 
r  county,  and  if  there  be  no  such  papers,  then  the  county  chairmen  of  the 
I  two  parties  which  cast  the  highest  number  of  votes  for  secretary  of  state 
in  such  county  at  the  last  general  election  shall  each  designate  a  paper 
in  which  such  notice  shall  be  printed.     (Sec.  415.) 

Upon  receipt  of  the  certificate  from  the  secretary  of  state,  the  clerk 

,  of  the  circuit  court  shall  mail  copies  of  the  notice  to  each  township  trustee 

I  of  his  county,  who  shall  post  copies  of  the  same  in  at  least  three  (3) 

public  places  in  each  precinct  in  his  township,  designating  therein  the 

I  location  of  the  polling  booth  in  each  election  precinct.     (Sec.  415.) 


PART  VI. 

WITHDRAWAL  OF  CANDIDATES— VACANCIES  BEFORE  PRIMARY 
—GENERAL  METHODS  OF  FILLING  VACANCIES. 

Any  person  who  has  filed  a  notice  of  his  candidacy  (excepting  can- 
didates for  delegates  to  the  state  convention  and  precinct  committeemen) 
may,  at  any  time  not  less  than  twenty-five  (25)  days  before  the  day  set 
for  holding  the  primary,  notify  in  writing  the  officer  with  whom  the  peti- 
tion has  been  filed,  that  he  does  not  wish  his  name  to  appear  on  the 
primary  ballot.  Upon  receipt  of  such  notice  said  officer  shall  withdraw 
the  declaration  from  his  file  and  shall  not  certify  the  name  of  the  person 
so  withdrawing  as  a  candidate  to  be  voted  for  at  the  primary.  If  a  with- 
drawal shall  leave  no  candidate  for  that  office,  then  the  officer  shall  notify 
the  chairman  of  the  party  affected  by  such  resignation,  who  shall  call  a 
meeting  of  the  proper  committees  (pursuant  to  the  rules  of  the  state 
central  committee),  which  shall  proceed  to  nominate  a  candidate  to  fill 
such  vacancy.  In  case  the  vacancy  is  in  a  county  office,  the  nomination 
should  be  made  by  the  county  committee.  In  case  the  withdrawal  is  of 
the  only  candidate  for  any  party  for  president,  vice-president,  United 
States  senator  or  governor,  notice  of  such  withdrawal  should  be  given 
to  the  chairman  of  the  state  central  committee  of  such  party,  but  the 
state  committee  should  not  nominate  any  one  to  fill  such  vacancy  inas- 
much as  the  state  convention  has  the  right  to  make  nominations  where 
no  preferential  vote  has  been  cast.    In  case  the  person  withdrawing  is  a 


90 

candidate  for  a  judicial  office,  for  prosecuting  attorney,  or  for  a  membei 
of  the  general  assembly,  where  the  district  is  composed  of  one  countj 
only,  the  county  chairman  should  be  notified;  where  composed  of  more 
than  one  county,  the  county  chairman  of  the  counties  affected  by  such 
withdrawal  should  be  notified  and  a  new  candidate  of  such  party  shall  be 
selected,  and  his  name  certified  under  the  rules  of  its  state  central  com- 
mittee, and  any  nomination  so  made  must  be  placed  on  the  primary  ballot 
by  the  board  of  primary  election  commissioners.     (Sec.  416.) 

Withdrawal  of  Candidates  for  Delegate  to  State  Conventions  and  Method 
of  Filling  Vacancies. 

Not  less  than  ten  days  before  the  primary  any  person  who  has  been 
nominated  as  a  candidate  for  delegate  to  a  state  convention  may  notify 
the  board  of  primary  election  commissioners  that  he  does  not  wish  his 
name  to  appear  on  the  ballot  as  a  candidate,  and  the  same  shall  thereupon 
be  withdrawn.  In  such  case  said  board  shall  immediately  by  registered 
mail  give  notice  of  such  withdrawal  to  that  one  of  the  signers  of  the 
petition  of  the  candidate  withdrawing,  who  made  oath  to  such  petition, 
and  such  petitioner,  not  less  than  six  (6)  days  before  said  primary  shall 
have  the  right  to  substitute  as  a  candidate,  the  name  of  some  legal  voter 
residing  in  the  same  ward,  or  township,  and  of  the  same  political  party 
as  the  person  who  withdrew.     (Sec.  432.) 

Withdrawal  of  Candidate  for  Precinct   Committeeman  and  Method  of 
Filling  Vacancy. 

A  candidate  for  precinct  committeeman  may,  at  any  time  not  les3 
than  twenty-five  (25)  days  before  the  primary,  withdraw  by  notifying  th^ 
clerk  of  the  circuit  court  in  writing  that  he  is  not  a  candidate  and  doe^ 
not  wish  his  name  to  appear  on  the  official  primary  ballot  as  such  can4 
didate.  Upon  the  receipt  of  such  notice,  the  name  of  such  person  as  a  can- 
didate shall  be  withdrawn.  In  the  event  such  withdrawal  leaves  no  person 
as  a  candidate  of  a  party  for  precinct  committeeman  of  such  precinct,  then 
the  clerk  of  the  circuit  court  shall  notify  the  county  chairman  of  the  partj 
affected  by  such  withdrawal,  who  shall  call  a  meeting  of  the  proper  com- 
mittee (pursuant  to  the  rules  adopted  by  the  state  central  committee  oj 
such  party),  which  committee  shall  nominate  a  candidate  to  fill  sucl 
vacancy.  The  chairman  shall  certify  the  action  of  the  committee  to  the 
clerk  of  the  circuit  court,  and  the  name  of  the  person  so  nominated  shall 
be  placed  upon  the  official  primary  ballot. 

In  case  of  the  death  of  a  person  who  is  the  only  candidate  for  prer 
cinct  committeeman,  too  late  for  the  name  of  any  other  person  to  hi 
placed  on  the  primary  ballot,  or  in  case  of  the  death,  removal  for  cause^ 
resignation  or  removal  from  the  precinct  of  any  precinct  committeemai 
after  he  shall  have  been  elected,  such  vacancy  shall  be  filled  by  the  mem- 
bers of  the  committee  to  which  he  belongs,  or  would  have  belonged,  pur- 
suant to  rules  adopted  by  the  state  central  committee  of  such  party 
(Sec.  416.) 


91 

PART  VII. 

PREPARATION  OF  BALLOTS,  BALLOT  BOXES,  BOOTHS,  AND 

OTHER  ELECTION  SUPPLIES— DUTIES  OF  OFFICIALS 

IN  RESPECT  THERETO. 

The  board  ctf  primary  election  commissioners  of  each  county  shall 
cause  to  be  printed  and  distributed  separate  primary  ballots  for  each  politi- 
cal party  participating  in  such  primaiy.  The  board  shall  have  printed  and 
distributed  for  each  party  in  each  precinct  a  number  of  ballots  equal  to 
one  and  one-half  times  the  number  of  votes  cast  by  such  party  in  such 
precinct  at  the  last  preceding  general  election.  The  number  of  ballots  to 
be  provided  each  party  in  each  precinct  shall  be  based  on  the  vote  cast  by 
such  party  in  such  precinct  for  the  office  of  secretary  of  state  at  the  last 
preceding  general  election.  The  county  board  of  primary  election  com- 
missioners may  provide  and  hold  in  reserve  extra  ballots,  if  they  deem  it 
necessary.     (Sec.  402.) 

The  ballots  of  each  party  participating  in  the  primary  in  any  one 
county  shall  be  of  uniform  size,  and  the  paper  to  be  used  in  the  prepara- 
tion of  such  ballots  should  be  of  the  same  quality  as  is  required  in  ballots 
in  general  elections.  No  two  political  parties  should  be  furnished  or  use 
ballots  of  the  same  color  in  any  one  county. 

The  primary  election  boards  of  each  county  shall  also  cause  to  be 
printed  and  distributed  in  each  precinct  for  each  party  sample  ballots 
uniform  in  size  with  the  official  ballots,  but  printed  on  paper  of  different 
colors. 

The  names  of  all  candidates  representing  one  political  party  shall  be 
placed  on  one  ticket,  the  name  of  such  political  party  being  placed  at  the 
top  thereof,  the  purpose  being  that  each  voter  shall  find  on  one  ballot  the 
names  of  all  candidates  for  whom  he  is  entitled  to  vote. 

The  names  of  all  candidates  of  one  political  party  for  any  one  office, 
who  have  properly  qualified  as  candidates  for  such  office,  shall  be  grouped 
together  under  the  name  of  such  office,  and  printed  in  type  of  uniform 
capital  letters  with  uniform  spaces  between  the  names.  At  the  head  of 
each  group,  where  only  one  candidate  of  such  group  is  to  be  voted  for, 
there  shall  be  printed  "vote  for  one  only."  Where  more  than  one  can- 
didate in  any  group  is  to  be  voted  for,  the  number  to  be  voted  for  shall 
be  specified  at  the  head  of  such  group. 

That  there  will  be  no  separate  ballot  for  the  nomination  of  candidates 
for  township  offices  and  election  of  state  delegates  and  precinct  commit- 
teemen. That  all  candidates  for  nomination  or  election  of  any  political 
party  that  comes  under  the  provisions  of  the  primary  election  law  shall 
go  on  ONE  ballot  for  that  party  in  each  particular  township,  ward  or 
precinct,  or  im  other  words,  there  shall  be  but  one  form  of  official  ballot 
for  each  party  which  shall  contain  the  names  of  all  candidates  of  that 
party  to  be  voted  for  in  each  particular  precinct. 

That  the  names  of  candidates  for  each  political  party  shall  come  on 
that  party's  official  ballot  in  the  following  order: 

(1)  Candidates  to  be  voted  for  in  the  whole  coimty. 

(2)  Candidates  for  county  councilman  to  be  voted  for  in  that  par- 
ticular district. 


92 

(3)  Candidates  for  township  offices  to  be  voted  for  in  that  particulai 
township. 

(4)  Candidates  for  state  delegates  to  be  voted  for  in  that  particulai 
township  or  ward. 

(5)  Candidates  for  precinct  committeemen  to  be  voted  for  only  ir 
that  particular  precinct. 

That  the  names  of  candidates  shall  be  printed  on  the  party's  official 
ballot  under  the  proper  title  of  the  office  for  which  they  are  candidates, 
and  that  the  ballots  for  each  party  shall  be  on  different  colored  paper. 
The  color  of  the  ballot  of  each  party  to  be  fixed  by  the  board  of  primary 
election  commissioners.     (Sec.  402.)  ; 

Under  the  last  proviso  to  section  11  the  name  of  any  unopposed  can* 
didate  for  nomination  for  any  office  need  not  be  placed  upon  the  primary 
ballot,  and  should  be  certified  by  the  election  commissioners  the  same  as 
though  printed  on  the  ballot  and  the  same  as  though  votes  had  in  fact 
been  cast  for  such  unopposed  candidate  at  the  primary  election.  It  would 
not  be  improper  or  illegal,  however,  to  place  such  name  on  the  primary 
ballot.     (Sec.  409.) 

The  official  ballot  must  be  printed  substantially  in  the  form  set  out 
in  section  15  of  the  primary  law. 

It  is  the  duty  of  the  primary  election  commissioners  to  arrange  the 
names  of  all  candidates  for  each  office  for  whom  nominating  papers  have 
been  filed  under  the  designation  of  the  office  in  alphabetical  order  accord- 
ing to  surnames.     (Sec.  413.) 

On  the  left  margin  of  the  ballot  of  each  political  party  the  name  o] 
the  uppermost  candidate  for  nomination  as  printed  shall  be  number  12 
the  next  13,  and  the  next  14,  and  so  on  consecutively,  to  the  end  of  th< 
ballot:  Provided,  in  every  case  where  four  or  more  persons  are  candidate! 
for  nomination  for  the  same  office,  except  the  office  of  precinct  committee 
man,  the  number  of  ballot  forms  required  shall  be  divided  into  sets  equa 
to  the  greatest  number  of  candidates  for  any  one  office  on  said  ballot,  an( 
the  names  of  all  candidates  in  groups  of  four  or  more  with  their  respec 
tive  numbers  for  each  office  beginning  with  a  form  arranged  in  alpha 
betical  order  shall  be  rotated  by  removing  one  name  with  its  number  fron 
the  top  of  the  list  for  each  office,  and  by  placing  said  name  with  its  num 
ber  at  the  bottom  of  said  list,  and  so  on.  As  nearly  as  possible  an  equa 
number  of  ballots  of  each  set  shall  be  delivered  to  each  election  precinct 
(Sec.  414.) 

Sample  ballots  shall  be  printed  from  the  first  or  official  form  of  ballo 
only.     (Sec.  414.) 

2.    Tally  Sheets. 

The  primary  election  commissioners  of  each  county  shall  cause  to  b< 
printed  and  distributed  to  each  precinct  separate  tally  sheets  for  eac] 
political  party  participating  in  such  primary.     (Sec.  423.) 

The  tally  sheets  for  the  precincts,  the  blanks  for  returns  to  be  madi 
for  each  party  by  each  precinct  board,  the  sheets  to  be  prepared  for  thej 
county  board  of  canvassers  and  the  state  canvassing  board  should  all  be 
prepared  so  as  to  show  the  number  of  votes  cast  for  each  candidate 


93 

other  Election  Supplies. 

It  is  the  duty  of  the  board  of  primary  election  commissioners  of  each 
mnty  to  contract  for  and  cause  to  be  delivered  to  the  office  of  the  clerk 
the  circuit  court  for  distribution,  at  least  the  following  amounts  of 
jction  supplies,  forms  of  affidavits,  stationery,  etc.,  for  each  precinct  of 
|uch  county: 

2  copies  of  primary  law  and  interpretation. 
2  poll  books. 

2  tally  sheets  for  the  democratic  vote. 
2  tally  sheets  for  the  republican  vote. 
2  blanks  for  precinct  returns  of  democratic  votes  cast. 
2  blanks  for  precinct  returns  of  republican  votes  cast. 
2  copies  of  primary  election  laws. 
2  copies  of  oaths  of  inspectors. 
2  copies  of  oaths  of  judges. 
4  copies  of  oaths  of  clerks, 
copies  of  appointments  and  oaths  of  election  sheriffs, 
copies  of  affidavits  for  qualified  voters  whose  names  do  not  appear  on 
registration  books  of  precinct. 
20  copies  of  affidavits  of  persons  who  will  be  21  years  of  age  before  the 

next  election. 
20  copies  of  affidavits  of  party  affiliation. 

20  copies  of  affidavits  of  voters  unable  to  read  English  language. 
6  certificates  of  precinct  committeemen. 
10  copies  of  affidavits  for  arrest  of  illegal  voters. 
10  copies  of  bribery  law  affidavits. 
1  paper  bag  for  unvoted  and  mutilated  democratic  ballots. 
1  paper  bag  for  unvoted  and  mutilated  republican  ballots. 
1  paper  bag  for  voted  democratic  ballots. 
1  paper  bag  for  voted  republican  ballots. 
1  paper  bag  for  disputed,  protested,  defective  and  unopened  ballots  of 

republican  absent  voters. 
1  paper  bag  for  disputed,  protested,  defective  and  unopened  ballots  of 

democratic  absent  voters. 
1  paper  bag  for    voted,  disputed,  protested    and  defective    republican 

ballots,  and  seals  of  republican  ballot  package. 
1  paper  bag  for  voted,  disputed,  protested  and  defective  democratic 

ballots,  and  seals  of  democratic  ballot  package. 
1  paper  bag  for  poll  books,   tally   sheets,   precinct   returns   of   votes 
and  oaths  of  members  of  election  board. 

1  envelope  for  affidavits. 

2  copies  statement  of  expenses  of  election  board. 
1  stick  of  sealing  wax. 

1  darning  needle  and  thread. 
4  blotters. 

3  penholders.  - 
6  steel  pens. 

As  many  blue  pencils  as  there  are  voting  booths  in  the  voting  place. 
As  the  law  requires  that  any  voter  whose  name  is  not  found  on  the 


94 

registration  book  of  the  precinct  in  which  he  offers  to  vote  shall  be 
entitled  to  vote  if  he  shall  make  affidavit  that  he  is  a  qualified  voter  o:l 
such  precinct,  the  board  of  primary  election  commissioners  should  provide 
a  larger  supply  of  such  affidavits,  particularly  in  those  precincts  thf 
boundary  lines  of  which  have  been  changed  since  the  last  preceding 
general  election,  or  in  which  registration  books  have  been  lost. 

4.  Ballot  Boxes,  Chutes,  etc. 

It  is  the  duty  of  the  board  of  county  commissioners  of  each  county 
to  provide  for  each  voting  precinct  a  separate  ballot  box  for  each  politi- 
cal party,  the  color  of  the  ballot  box  for  each  party  to  be  the  same 
color  as  the  color  of  the  ballots  to  be  used  by  such  party  in  such 
county.  Each  ballot  box  should  be  provided  with  an  opening  in  the 
top  for  the  reception  of  a  single  ballot  at  a  time,  and  with  a  lock 
and  two  keys.  The  boxes  used  at  the  general  election  may  be  used 
at  the  primary:  Provided,  They  be  of  ample  size  to  hold  the  votes. 
(Sec.  19.) 

It  is  also  the  duty  of  the  board  of  county  commissioners  to  pro- 
vide election  booths  for  each  precinct. 

In  counties  which  have  been  divided  into  small  voting  precincts 
for  the  purpose  of  voting  by  the  Australian  ballot,  three  voting  booths 
should  be  provided  for  each  precinct  (and  but  three  voters  other  than 
election  officers  should  be  allowed  in  the  voting  room  on  election  day 
at  one  time. 

The  use  of  voting  machines  at  primary  elections  is  impracticable. 

In  those  counties  which  have  been  divided  into  voting  precincts 
containing  a  larger  number  of  voters  in  contemplation  of  using  vot- 
ing machines  at  elections,  the  county  commissioners  should  provide  a 
larger  number  of  voting  booths  (in  no  instance,  however,  exceeding 
nine)  for  each  precinct  containing  such  large  number  of  voters.  In 
such  precincts  the  members  of  the  precinct  election  boards  may  permit 
as  many  voters  (other  than  themselves)  for  the  purpose  of  voting  tc^ 
be  in  the  voting  room  at  any  one  time  as  there  are  voting  booths.        v 

The  county  commissioners  should  also  provide  material  necessarj^ 
for  the  construction  of  a  fifty-foot  chute  in  each  precinct. 

The  board  of  county  commissioners  must  deliver  all  the  ballot  boxes, 
voting  booths,  material  for  chutes,  and  all  election  paraphernalia  to 
be  provided  by  said  county  commissioners  for  each  precinct  to  the  voting 
place  of  such  precinct  prior  to  the  day  of  the  primary. 

5.  Registration  Books. 

It  is  the  duty  of  the  auditor  of  each  county  to  furnish  to  the 
inspector  of  each  precinct  of  said  county  the  registration  books  made 
in  such  precinct  just  prior  to  the  last  preceding  general  election^ 
(Sec.  408.) 

6.  Preparations  to  Be  Made  by  Inspectors. 

It  is  the  duty  of  the  inspector  of  each  precinct,  or  the  judge  o^ 
his  precinct  authorized  by  him,  to  call  at  the  office  of  the  clerk  of  the, 
circuit  court  not  later  than  the  Saturday  before  the  primary  and  get  thi 
ballots,  sample  ballots  and  election  supplies  for  his  precinct.     If  th( 


95 

inspector  does  not  get  such  supplies  on  the  Saturday  before  the  pri- 
mary, he  must  serve  as  inspector  without  compensation,  and  is  subject 
to  a  fine  of  from  ten  to  one  hundred  dollars. 

The  ballots  for  each  precinct  for  each  political  party  should  be 
counted,  wrapped  in  separate  packages,  and  sealed  in  the  presence 
of  the  inspector  of  that  precinct.  He  should  also  procure  from  the 
clerk  of  the  circuit  court  sample  ballots,  tally  sheets,  and  all  other 
election  supplies,  stationery,  etc.,  for  use  in  his  precinct.  All  these 
he  must  carefully  guard  and  preserve.  The  sealed  packages  of  ballots 
are  not  to  be  opened  until  the  day  of  election,  and  then  in  the  presence 
of  the  election  board.  If  by  accident,  the  ballots  or  supplies  be  lost 
or  destroyed,  the  inspector  must  report  at  once  to  the  board  of  pri- 
mary election  commissioners  at  the  office  of  the  clerk  of  the  circuit 
court,  and  make  affidavit  of  such  loss  or  destruction,  and  obtain  a  new 
supply. 

At  the  time  the  ballots  and  election  supplies  are  received  by  the 
inspector  from  the  office  of  the  clerk  of  the  circuit  court,  the  inspector 
should  receive  the  registration  books  prepared  for  his  precinct  just 
prior  to  and  for  use  at  the  last  general  election.  These  registration 
books  he  should  have  at  the  voting  place  of  his  precinct  on  the  day 
of  the  primary,  and  should  return  to  the  county  auditor  immediately 
after  the  primary. 

The  inspector  should  sfee  that  the  voting  booths  and  chutes  are 
set  up  at  the  voting  place  of  his  precinct,  the  sample  ballots  and 
cards  of  instruction  to  voters  are  posted,  that  the  room  in  which  the 
primary  is  to  be  held  is  furnished  with  fuel,  lights,  chairs,  a  table 
and  stove,  and  made  comfortable. 

The  inspector  should  also  see  that  the  election  board  of  his  pre- 
cinct is  furnished  with  good,  plain,  substantial  meals  at  the  regular 
hours  for  meals  during  the  day  of  the  primary,  and  until  the  count 
is  finished;  but  no  spirituous,  vinous,  or  malted  liquors  shall  be  fur- 
nished. Those  entitled  to  receive  meals  are  the  inspector,  two  judges, 
two  clerks,  two  election  sheriffs  and  no  others. 

EXPENSES  FOR  SUPPLIES. 

All  ballots,  blanks  and  other  supplies  to  be  used  at  such  primary 
and  all  expenses  necessarily  incurred  in  the  preparation  for  and  con- 
ducting of  such  primary  shall  be  paid  out  of  the  coxmty  treasury  in 
the  same  manner  and  by  the  same  officers  as  in  the  case  of  general 
elections.    (Sec.  432.) 

PART  VIII. 

CONDUCT  OF  PRIMARY— ORGANIZATION  OF  BOARDl-OATHS  OF 
OFFICERS— RULES   GOVERNING   PRIMARY— QUALI- 
FICATION OF  VOTERS— CHALLENGES- 
AFFIDAVITS. 
Preliminary  Preparations. 

All  members  of  each  precinct  board  should  be  at  the  polling  place 
not  later  than  5:30  a.  m.  of  the  day  of  the  primary. 


96  1 

The  inspector  should  see  that  the  room  is  ready,  the  election  booths  j 
in  place,  chute  erected,   sample  ballots — three  for  each  party — posted  j 
about  the  polls  beyond  the  fifty-foot  limit,  one  in  each  election  booth  and ' 
three  at  the  outer  end  of  the  chute,  and  that  the  registration  books, 
ballots  and  supplies  are  at  hand. 

Organization  of  Precinct  Board. 

The  law  requires  the  inspector  and  judges  to  be  qualified  on  the  \ 
morning  of  the  election.     If  no  person  is  present  at  the  polling  place 
authorized  to  administer  oaths,  the  inspector  administers  the  oaths  to  j 
the  two  judges,  and  one  of  the  judges  then  administers  the  oath  to  | 
the  inspector.     The  inspector  administers  the  oath  to  the  polling  clerks.  ; 
If  the  sheriffs  have  not  been  sworn  in  by  the  sheriff  of  the  county,  - 
the  inspector  shall  administer  the  oath.     In  the  event  any  person  ap- 
pointed to  sei-ve  on  the  precinct  board  fails  to  appear,  or  any  vacancy 
occurs  among  the  officers  of  such  primary  during  the  day  of  the  pri- 
mary, such  vacancy  shall  be  filled  by  the  voters  assembled  at  the  pre- 
cinct  polling   place   belonging   to   the   political   party   which   originally 
nominated  the  officer  whose  place  has  become  vacant.    (Sec.  405.) 

Opening  Ballot  Packages. 

After  the  organization  of  the  election  board  and  in  its  presence  the 
inspector  shall  open  the  packages  of  the  ballots  in  such  a  manner  3,s  to 
preserve   the    seals   intact.     He    shall   then   deliver    to   the   poll   clerk 
of  the  party  other  than  his  own  twenty-five    (25)    of   the   ballots   of 
each  party,  and  to  the  other  clerk  the  blue  pencils  for  the  marking 
of  the  ballots.     The  poll  clerks  shall  at  once  proceed  to  write  their 
initials  in  ink  in  the  lower  left-hand  corner  on  the  back  of  each  of  ; 
said  ballots  in  their  ordinary  handwriting,  and  without  any  distinguish- 1 
ing  marks  of  any  kind.     As  each  successive  elector  calls  for  a  ballot,  \ 
the  poll  clerks  shall  deliver  to  him  the  first  signed  of  the  twenty-five  ] 
(25)   ballots  belonging  to  the  party  whose  ticket  the  voter  calls  for, 
and  the  inspector  shall  immediately  deliver  to  the  clerk  another  ballot  \ 
of  such  party,  which  the  clerks  shall  at  once  countersign  as  before,  and  \ 
add  to  the  ballots  already  countersigned,  so  that  it  shall  be  delivered  j 
for  voting  after  all  those  theretofore  countersigned.  j 

Ballot  Boxes.  j 

The  ballot  boxes,  one  for  each  party  participating  in  the  primary, ' 
must  be  opened,  examined,  closed  and  locked  before  announcement  is  | 
made  that  the  polls  are  open.  One  key  for  each  box  must  be  retained  | 
by  the  inspector,  and  one  duplicate  key  for  each  box  given  to  one  of  | 
the  judges  whose  party  politics  is  different  from  the  inspector's.  | 

Opening  the  Polls.  ] 

When  the  foregoing  duties  have  been  performed,  and  the  poll  clerks  j 
have  marked  their  initials  on  twenty-five  (25)  each  of  the  different  party 
ballots,  the  inspector  must  announce  that  the  polls  are  open,  provided  the 
time  fixed  for  opening  the  polls  has  arrived.     No  ballot  can  be  received  ' 
before  this  announcement  is  made, 

I 


97 

Hour  of  Opening. 

Six  o'clock  a.  m.  is  the  hour  fixed  by  law  for  opening  the  polls,  and 
this  provision  is  mandatory.  The  failure  of  the  clerks  to  have  their  ini- 
tials marked  on  the  full  number  of  twenty-five  ballots  for  each  party 
should  not  delay  the  opening  of  the  polls.  As  soon  as  the  clerks  have 
some  ballots  marked  for  each  party — a  like  number  for  each — the  polls 
should  be  opened  and  the  full  quota  of  twenty-five  (25)  ballots  for  each 
party  be  marked  ahead  as  quickly  as  possible  without  delaying  the  vote. 
(Sec.  419.) 

CONDUCT  OF  THE  ELECTION. 
Election  Officers. 

Primary  election  officials  should  at  all  times  remember  that  they  are 
not  as  such  officials  representative  of  political  parties  and  paid  by  political 
parties,  but  that  they  are  public  officials  and  draw  their  pay  from  the 
public  treasury. 

They  should  not  forget  that  the  primary  law,  for  the  purpose  of  pro- 
tecting the  members  of  the  political  parties  participating  in  the  primary 
in  their  rights  to  cast  their  votes  and  have  them  counted  as  cast,  has  not 
only  provided  that  the  acts  forbidden  and  defined  as  offenses  under  the 
general  election  law  and  corrupt  practices  acts  are  forbidden  at  primary 
elections,  but  has  also  laid  down  strict  rules  for  the  conduct  of  primaries, 
and  rigid  penalties  of  fine  and  imprisonment  for  violation  thereof. 

The  precinct  primary  board  has  general  supervision  of  the  primary 
in  its  precinct,  and  should  not  permit  any  violation  of  the  law  in  its  pres- 
ence without  the  immediate  arrest  of  the  offender. 

It  is  the  duty  of  the  sheriffs  to  preserve  order  at  the  polls,  enforce 
the  provisions  of  the  law  under  the  direction  of  the  election  board,  and 
make  arrests  on  demand  of  one  member  of  the  board  or  on  affidavit.  Such 
sheriffs  should  see  that  no  more  voters  are  permitted  in  the  election  room 
at  any  time  than  there  are  election  booths  in  the  room,  and  that  all  other 
persons  except  one  challenger  and  one  poll  book  holder  of  each  party,  who 
may  stand  next  to  the  polling  room  entrance  at  the  side  of  the  chute, 
and  voters  in  line  in  the  chute,  are  kept  away  for  a  distance  of  fifty  feet. 
They  should  also  assist  infirm  or  decrepit  voters  going  through  the  chute 
to  and  from  the  election  room.  Any  voter  of  the  precinct  who  desires 
in  good  faith  to  challenge  any  person  offering  to  vote  shall  have  the  right 
to  enter  the  polling  room  for  the  purpose  of  making  such  challenge. 
Having  done  so,  he  must  immediately  withdraw  from  the  polling  room. 

It  is  the  duty  of  the  inspector  to  administer  all  oaths  required  during 
the  day. 

Polls  Open  Continuously, 

The  polls  should  be  kept  open  continuously  from  6  a.  m.  to  6  p.  m. 
After  the  polls  are  open  the  board  cannot  adjourn  temporarily,  nor  take 
any  recess  until  the  polls  have  been  regularly  closed,  all  the  votes 
counted,  the  returns  macie  out,  and  the  result  publicly  announced.  The 
members  of  the  bo^*d  should  eat  their  meals  in  the  voting  room,  and  the 
polls  be  kept  open  so  that  no  voter  shall  be  delayed  in  voting  on  account 
thereof. 

7—22129 


98 

Rights  of  Employees  to  Time  for  Voting. 

All  employees  shall  be  given  four  hours,  from  six  until  ten  a.  m., 
in  which  to  vote,  save  employees  in  works  of  necessity,  who  shall  be  given 
four  hours  at  some  time  during  the  day. 

QUALIFICATIONS  OF  VOTERS— CHALLENGES. 

Legally  Qualified  Voters  Defined. 

A  legally  qualified  voter  of  any  precinct  is  a  person  21  years  of  age, 
or  who  will  be  21  years  of  age  on  the  day  of  the  next  general  election, 
who  is  a  citizen  of  the  United  States,  and  who  is  on  the  day  of  the  pri- 
mary a  bona  fide  resident  of  such  precinct,  and  who  has  not,  upon  convic- 
tion of  any  felony  or  misdemeanor,  been  disfranchised. 

Every  qualified  voter  of  the  precinct,  as  hereinbefore  defined,  shall 
be  entitled  to  vote  in  such  precinct  at  such  primary  election  for  the  candi- 
dates of  a  party,  providing  he  voted  for  a  majority  of  the  candidates  of 
such  party  at  such  last  preceding  general  election,  and  providing  further 
that  his  name  appears  on  the  registration  books  of  such  precinct.  If  his 
name  does  not  appear  on  such  registration  book  he  shall  be  entitled  to 
vote  if  he  shall  make  affidavit  that  he  is  a  qualified  voter  of  such  precinct. 
(Sec.  408.) 

An  absent  voter  having  in  his  application  for  an  absent  voter's  ballot 
made  his  affidavit  that  he  is  a  legally  qualified  voter  of  his  precinct  cannot 
be  challenged  on  the  ground  that  he  is  not  registered. 

Challenge  on  Ground  Not  Legally  Qualified. 

If  any  voter  is  challenged  on  the  ground  that  he  is  not  a  legally 
qualified  voter  of  such  precinct  he  shall  not  be  entitled  to  vote  until 
he  makes  affidavit  that  he  is  a  legally  qualified  voter  of  such  precinct. 
(Sec.  408.) 

Challenge  on  Ground  of  Party  Allegiance. 

If  any  voter  save  a  first  voter  is  challenged  on  the  ground  of  party 
allegiance  he  shall  be  entitled  to  vote  if  he  makes  affidavit  that  at  the  last 
preceding  general  election  he  voted  for  a  majority  of  the  candidates  of 
the  party  whose  ticket  he  offers  to  vote  at  such  primary,  and  that  at  the 
approaching  general  election  he  intends  to  vote  for  and  support  the  reg- 
ular nominees  of  such  party.    (Sec.  408.)  ; 

If  a  first  voter  is  challenged  on  the  ground  of  party  allegiance  he 
shall  be  entitled  to  vote  on  making  affidavit  that  he  intends  to  vote  for 
and  support  the  regular  nominees  of  the  party  whose  ticket  he  proposes 
to  vote  in  such  primary.     (Sec.  408.) 

Challenges  on  Ground  of  Bribery. 

Any  voter  offering  to  vote  in  any  precinct  may  be  challenged  on  the 
ground  that  he  has  used  or  attempted  to  use  money  or  other  means  to 
buy  and  induce  any  voter  to  vote  or  refrain  from  voting  for  any  candidate 
at  such  primary,  or  has  advised  the  bribery  of  electors  thereat,  or  has  sold 
or  offered  to  sell  his  own  vote  for  any  candidate  thereat.    Such  elector 


99 

shall  not  be  permitted  to  vote  unless  and  until  he  make  affidavit  denying: 
the  facts  set  forth  in  such  challenge. 

Who  May  Challenge. 

Only  a  legally  qualified  voter  in  such  precinct  and  a  member  of  the 
party  .whose  ticket  the  voter  offers  to  vote  may  challenge  any  voter  on 
the  ground  of  party  allegiance;  that  is,  only  a  republican  may  challenge 
a  person  (on  the  grounds  of  party  allegiance)  who  offers  to  vote  the 
republican  ticket,  and  the  same  rule  prevails  as  to  the  other  parties.  But 
any  voter  of  the  precinct,  any  challenger,  and  any  member  of  the  election 
board  of  any  party  may  challenge  any  voter  on  any  legal  ground  save 
that  of  party  allegiance.     (Sec.  408.) 

Penalty  for  Fraudulent  Voting  and  Fraudulently  Attempting  to  Vote. 

"Whoever  not  having  the  legal  qualifications  of  a  voter  at  any  pri- 
mary election,  authorized  by  law  to  be  held  in  the  state,  votes,  or  offers 
to  vote,  at  such  primary  election,  shall  be  fined  not  more  than  one  hun- 
dred dollars  nor  less  than  ten  dollars,  or  imprisonment  in  the  county  jail 
not  more  than  one  year  nor  less  than  one  month,  or  both,  and  disfran- 
chised and  rendered  incapable  of  holding  any  office  of  trust  or  profit  for 
any  determinate  period." 

"Whoever  knowingly  votes  or  offers  to  vote  at  a  primary  election  in 
any  precinct  except  the  one  in  which  he  resides  shall  be  fined  not  more 
than  one  hundred  dollars  nor  less  than  ten  dollars,  or  imprisoned  in  the 
county  jail  not  more  than  one  year  nor  less  than  one  month,  or  both,  and 
disfranchised  and  rendered  incapable  of  holding  any  office  of  trust  or 
profit  for  any  determinate  period."     (Sec.  435.) 

If  at  any  time  during  the  election  any  qualified  legal  voter  shall  make 
an  affidavit  that  any  person  who  has  voted  or  offered  to  vote  is  not  a  legal 
voter  in  such  precinct,  the  person  accused  shall  be  arrested  by  the  election 
sheriff  and  turned  over  to  the  civil  authorities. 


MANNER  OF  VOTING. 

structions  to  Voters. 

On  entering  the  polling  room  you  should  announce  your  name  to  the 

|udges,  who  will  examine  the  registration  books,  and  if  you  are  not  reg- 

itered  you  can  not  vote  unless  you  make  the  necessary  affidavit,  and  if 

rou  are  registered  or  have  made  the  required  affidavit  the  poll  clerks  will 

•ite  your  name  on  the  poll  books,  and  the  clerk  holding  the  ballots  will 

id  you  the  ballot  of  the  party  you  ask  for  and  the  other  clerk  hand 

rou  a  blue  pencil.    On  request  both  clerks  will  make  explanations. 

If  you  are  physically  unable  to  mark  your  ballot,  you  should  disclose 
^our  condition  to  the  inspector,  whereupon  the  two  clerks  will  go  with 
^ou  into  the  booth  and  aid  you  in  marking  your  ballot.  If  you  are  unable 
*to  read  English,  you  must  make  an  affidavit  to  that  effect  before  the  poll 
clerks  can  assist  you.  In  either  case  neither  you  nor  the  poll  clerks  shall 
permit  any  other  person  to  hear  or  see  how  your  ballot  is  marked.  It  is 
a  penal  offense  to  swear  that  you  cannot  read  English,  or  are  unable  to 
mark  your  ballot,  if  you  can.    (Sec.  422.) 


100 


How  to  Mark  Your  Ballot. 

To  cast  a  vote  for  a  candidate  make  a  cross  (X)  after  his  name,  as 
follows: 

VOTE  FOR  ONE. 


County  Treasurer. 
A 

Vote  for  One. 

B 

C 

X 

D 

' 

You  have  here  voted  for  C  as  your  choice  for  county  treasurer. 

Where  more  than  one  candidate  is  to  be  nominated  for  a  certain 
office,  the  ballot  will  direct  you  to  vote  for  a  certain  number  in  that 
group  only — as,  for  example,  three  senators  in  one  county.  In  such  case 
you  will  be  entitled  to  vote  for  the  three  you  most  desire  shall  be  elected 
and  can  do  so  by  marking  an  (X)  after  each  of  their  names. 


To  illustrate: 


VOTE  FOR  THREE. 


State  Senator. 
A 


B 


D 


E 


H 


Vote  for  Three. 


X 


That  is,  the  vote  above  will  be  counted  as  a  vote  for  C,  E  and  H  each. 
You  are  entitled  to  cast  a  preferential  vote  for  president,  vice-presi- 
dent, senator  and  governor  in  case  there  are  any  names  of  candidates  for 


101  ;  ;,v,  ;    :;.  ;;);.•  f,;  ,; 

such  offices  on  the  ballots,  and  you  may  indicate  your  choice  for  such 
candidates. 

Do  not  mutilate  your  ballot,  nor  mark  it  either  by  scratching  off  a 
name  or  writing  one  upon  it,  nor  in  any  other  way  put  a  mark  upon  it 
except  as  above  described.    If  you  do,  the  ballot  will  not  be  counted. 

If  you  spoil  your  ballot  you  can  secure  another  on  satisfying  the  poll 
clerks  that  the  mutiliation  was  not  intentional.  The  clerks  must  make  a 
minute  of  the  facts  on  the  poll  list. 

After  you  have  marked  your  ballot,  and  before  you  leave  the  booth, 
Afold  it  so  that  the  face  cannot  be  seen,  and  so  the  initial  letters  of  the 
fm  names  of  the  poll  clerks  on  the  back  thereof  can  be  seen.  Return  the 
pencil  to  the  poll  clerk  from  whom  you  received  it  and  hand  your  ballot  to 
the  inspector,  who  shall  at  once  and  in  your  presence  place  it  in  the  ballot 
box  of  your  party.  The  clerks  shall  thereupon  write  the  word  "voted" 
after  your  name  on  the  poll  book  and  you  will  then  immediately  leave 
the  room. 

You  are  not  permitted  to  stay  in  the  election  booth  longer  than  it  is 
necessary  to  mark  your  ballot,  and  in  no  event  longer  than  three  minutes. 

You  must  not  hold  any  conversation  in  the  polling  room  other  than 
with  members  of  the  election  board. 

If  you  display  your  ballot  to  show  how  you  have  voted,  it  cannot  be 

}      placed  in  the  ballot  box  and  you  must  immediately  leave  the  room.     A 

[      minute  of  the  fact  that  you  have  displayed  your  ballot  must  be  made 

on  the  poll  list;  and  also  on  the  ballot  and  signed  by  the  poll  clerks.    The 

ballot  so  dispayed  shall  be  preserved  with  the  mutilated  ballots. 

If  you  mark  your  ballot  with  any  other  pencil  than  the  blue  pencil 
handed  you  by  the  poll  clerk,  your  ballot  will  be  void. 

Closing  the  Polls. 

The  polls  must  be  closed  at  six  p.  m.  by  the  inspector  so  announcing 
the  closing  in  a  loud  tone  of  voice.  A  record  of  such  announcement 
must  be  made  on  the  poll  list  by  the  clerks.  Any  voter  who  has  been 
admitted  into  the  room  before  the  announcement  of  closing  was  made, 
but  who  has  not  yet  voted,  should  be  allowed  to  vote,  but  no  person 
should  be  admitted  to  the  room  after  such  announcement. 

PART  IX. 
COUNTING  THE  VOTE  AND  MAKING  RETURNS  IN  PRECINCTS. 

,       Watchers. 

Immediately  upon  closing  the  polls  one  watcher  for  each  participat- 
ing party  holding  a  certificate  of  appointment  from  the  county  chair- 
man of  his  party  is  entitled  to  enter  the  election  room  and  remain  until 
the  count  is  completed  and  the  returns  made  up.  The  election  officers 
and  the  legally  appointed  watchers  are  the  only  persons  entitled  to 
be  in  the  room  while  the  votes  are  being  counted  and  returns  made  out. 

Pencils  Destroyed. 

Before  the  ballots  cast  or  uncast  in  any  primary  or  general  elec- 
tion in  this  state  shall  have  been  counted,  all  the  pencils  used  in  marking 


102 

tiie  ballots  used  in  such  primary  or  general  election  shall  be  destroyed. 
(Acts  1915,  p.  591.) 

Counting  and  Tallying  the  Votes. 

The  entire  election  board  must  count  the  votes  of  each  party.  But 
one  ballot  box  shall  be  opened  at  a  time,  the  board  determining  the 
order  in  which  the  boxes  shall  be  opened.  When  a  ballot  box  is  opened 
the  count  of  the  votes  in  that  box  must  be  completed  and  the  return 
sheets  of  the  votes  in  that  box  made  up  and  signed  by  the  board  before 
another  box  is  opened. 

As  soon  as  the  ballots  of  one  box  have  all  been  counted,  they  must 
be  placed  in  a  bag,  securely  sealed,  and  properly  labeled,  showing  the 
number  of  ballots  contained  in  the  bag  voted  and  counted,  and  the 
number  voted  and  not  counted,  if  any.  Each  election  officer  must  sign 
his  name  on  this  bag  and  the  bag  be  delivered  to  the  clerk's  office  by 
the  inspector  with  the  returns. 

When  all  the  votes  of  one  party  have  been  counted,  the  returns 
made  and  ballots  sealed  up,  the  ballot  box  of  another  party  is  opened, 
votes  counted,  and  returns  made  in  a  like  manner. 

The  inspector  takes  one  ballot  at  a  time  out  of  the  box  and  reads 
it  aloud  in  view  of  one  of  the  judges,  while  each  poll  clerk  tallies  the 
votes  as  it  is  read.  As  soon  as  a  ballot  is  read,  it  is  handed  to  the  other 
judge,  who  strings  it;  another  ballot  is  then  taken  out  of  the  box  and 
counted  in  a  like  manner. 

Any  member  of  the  election  board  may  protest  as  to  the  counting 
of  any  ballot  or  part  thereof,  and  any  ballot  which  is  not  endorsed  with 
the  initials  of  the  poll  clerks,  as  provided  by  law,  and  any  ballot  which 
shall  bear  any  distinguishing  mark  or  mutilation  shall  be  void,  and 
shall  not  be  counted,  and  any  ballot  or  part  of  a  ballot  from  which  it 
is  impossible  to  determine  the  elector's  choice  of  candidates  shall  not 
be  counted  for  the  candidate  or  candidates  affected  thereby.  Before 
the  ballots  are  placed  in  the  bag  one  of  the  poll  clerks  shall  endorse 
upon  the  back  of  each  disputed  or  protested  ballot  the  word  "counted"  or 
"not  counted"  as  the  case  may  be,  and  said  endorsement  shall  be  signed 
officially  by  both  of  said  poll  clerks.    (Sec.  424.) 

Rules  for  Counting  Votes. 

The  duty  of  the  precinct  primary  board  in  counting  and  tallying 
the  votes  cast  in  a  precinct  consists  in  a  correct  reading  of  the  ballots 
by  the  inspector  and  a  proper  tally  by  the  poll  clerks  so  that  there  shall 
be  tallied  on  the  tally  sheets  the  votes  received  by  each  candidate. 

Tally  Sheets. 

The  precinct  tally  sheets  will  be  supplied  for  each  set  of  candidates 
to  be  voted  for  in  the  precinct.    (Sec.  423.) 

Making  Return  of  Precinct  Vote. 

As  soon  as  the  ballots  of  one  party  have  all  been  counted  and  tallied, 
the  board  should  proceed,  on  blanks  supplied  for  the  purpose,  to  make 
Jthree  full,  complete  and  accurate  returns  of  the  votes  cast  for  each 


103 

candidate  on  that  ticket,  setting  out  the  number  of  votes  received  by  such 
candidate. 

The  return  shall  set  forth  opposite  the  name  of  each  candidate  the 
total  number  of  votes  cast  for  such  candidate  in  the  precinct.    (Sec.  26.) 

The  following  is  the  form  to  be  used  for  making  the  return  of  the 
precinct  vote  for  one  group  of  candidates  on  one  party  ticket,  showing 
the  totals  taken  from  the  tally  sheet  as  set  out  heretofore. 

Returns  of  total  votes  cast  in  primary  election  for 

Candidates 

for party 

The  undersigned,  members  of  the  election  board  of  primary  election, 

held  on  the  ....  day  of ,19 ,  in precinct 

(township)   (ward)  in 

county,  Indiana,  for  the  nomination  of 

candidates  to  be  voted  for  at  the  general  election  in  November,  19 .... , 
certify  that  the  following  total  votes  were  cast  for  the  following  named 
candidates  for  the  several  offices  hereinafter  designated,  to  wit: 


Names  of  Officers  and  Candidates. 

Votes. 

For  Auditor. 

A 
B 
G 
D 

50 

40 

25 

5 

Witness  our  hand  and  seal,  this day  of ,  19 . 

Inspector. 


C  Judges.      V 


Clerks. 


The  inspector  must  see  that  at  least  three  copies  of  this  blank  are 
made  out;  one  copy  to  be  delivered  to  the  clerk  of  the  circuit  court  of 
the  county  by  the  inspector  with  one  poll  book,  and  one  each  of  the 
democratic  and  republican  tally  papers;  one  copy  goes  in  the  paper  bag 
with  one  poll  book,  one  each  of  the  democratic  and  republican  tally 
papers  and  the  oaths  of  the  election  officers,  AND  ONE  COPY  IS  TO 
BE  RETAINED  by  the  inspector.  If  the  township  has  MORE  THAN 
ONE  and  NOT  MORE  THAN  TEN  precincts,  the  inspector  must  take 
his  copy  of  the  return  of  votes  cast  with  him  to  the  office  of  the  town- 
ship trustee  on  the  day  following  the  election  as  near  the  hour  of  ten 
o'clock  a.  m.  as  practicable,  to  be  used  in  canvassing  the  votes  for  town- 
ship officers. 

The  law  makes  it  the  duty  of  the  inspector  of  the  several  voting 
precincts  of  a  township  that  has  more  than  one  and  not  more  than  ten 


104 

precincts  to  meet  at  the  office  of  the  township  trustee  on  the  day  follow- 
ing the  election  as  near  the  hour  of  ten  o'clock  a.  m.  as  practicable  and 
canvass  the  votes  of  the  candidates  for  nomination  for  township  officers. 
(Sees.  61  and  62,  and  Sec.  6987,  R.  S.  1914.) 

Duty  of  Inspector  After  Vote  Is  Counted. 

Immediately  after  the  board  has  completed  the  count  of  all  the 
votes  cast  in  the  precinct  and  prepared  the  returns,  it  is  the  duty  of 
the  inspector  to  deliver  to  the  office  of  the  clerk  of  the  circuit  court  the 
following: 

1.  One  bag  containing  the  following: 
One  poll  book. 

One  democratic  tally  sheet. 

One  republican  tally  sheet. 

One  return  sheet  of  votes  cast  for  democratic  candidates. 

One  return  sheet  of  votes  cast  for  republican  candidates. 

All  the  oaths  of  the  precinct  election  officers. 

2.  One  bag  containing  all  unvoted  and  mutilated  democratic  ballots. 

3.  One  bag  containing  all  unvoted  and  mutilated  republican  ballots. 

4.  One  bag  containing  all  the  voted  democratic  ballots. 

5.  One  bag  containing  all  the  voted  republican  ballots. 

6.  One  bag  containing  all  the  voted  republican  ballots  that  are 
disputed,  protested  and  defective  ballots  and  that  are  not  counted,  •  and 
the  seals  of  the  republican  ballot  package. 

7.  One  bag  containing  all  the  voted  democratic  ballots  that  are  dis- 
puted, protested  and  defective  ballots  and  that  are  not  counted,  and 
the  seals  of  the  democratic  ballot  package. 

8.  One  bag  containing  the  disputed,  protested,  defective  and  un- 
opened ballots  of  the  republican  absent  voters. 

9.  One  bag  containing  the  disputed,  protested,  defective  and  un- 
opened ballots  of  the  democratic  absent  voters. 

10.  One  bag  or  envelope  containing  all  affidavits,  except  the  oaths, 
of  the  election  officers  of  the  precinct. 

11.  One  package  containing  one  of  the  poll  books,  one  of  the  repub- 
lican tally  sheets  and  one  of  the  democratic  tally  sheets  and  one  of  the 
democratic  and  one  of  the  republican  return  of  the  votes  cast  in  the 
precinct;  this  package  must  not  be  sealed,  but  must  be  delivered  to  the 
clerk  of  the  circuit  court  immediately  after  the  votes  are  counted  and 
returns  made  up. 

12.  One  package  containing  the  two  registration  books. 

All  of  the  above  packages  should  be  taken  to  the  county  clerk's 
office  except  the  registration  books  which  should  be  taken  to  the  county 
auditor's  office. 

The  election  board  must  sign  their  names  on  each  bag  or  envelope 
and  seal  them  except  the  package  containing  the  poll  book,  one  repub- 
lican tally  paper  and  one  democratic  tally  paper  and  one  republican  and 
one  democratic  return  of  the  votes  cast.  In  no  event  should  the  inspector 
or  judge,  who  has  been  selected  as  custodian  of  these  papers,  part  with 
their  possession  or  permit  them  to  be  changed,  handled  or  mutilated. 

Upon  delivery  of  same  to  the  clerk  of  the  circuit  court  the  inspector 


105 

[jnust  take  and  subscribe  on  oath  that  he  has  securely  kept  said  envelope, 

)aMots  and  papers  therein,  and  that  he  has  not  suffered  nor  permitted 

ly  person  to  break  the  seal  or  open  said  envelope  or  tamper  with  the 

illots  or  papers,  which  oath  shall  be  filed  in  said  clerk's  office  with  the 

•other  election  papers. 

The  inspector  should  make  out  and  file  with  the  county  auditor  a 
statement  showing  the  names  of  the  inspector,  judges,  clerks,  additional 
clerks,  sheriffs,  the  number  of  meals  and  the  name  of  the  party  furnish- 
ing the  meals. 

The  ballot  box,  booths  and  the  other  election  supplies  should  be  left 
at  the  place  of  voting  and  the  board  of  county  commissioners  will  send 
for  them  and  store  them  for  use  in  future  elections. 

Affidavits  to  Grand  Jury. 

It  is  the  duty  of  the  clerk  of  the  circuit  court  to  deliver  to  the 
grand  jury  of  the  county,  to  be  investigated  by  such  grand  jury,  all 
the  envelopes  containing  the  affidavits  made  in  the  various  precincts 
on  the  day  of  election  (except,  however,  the  oaths  of  the  election  officers) 
as  turned  in  to  him  by  the  inspectors  of  the  several  precincts. 

County  Board  of  Canvassers. 

The  county  board  of  canvassers  shall  m.eet  in  the  circuit  court  room 
at  6  o'clock  p.  m.  on  the  day  of  the  primary  and  shall  canvass  and 
tabulate  the  returns  of  votes  cast  for  all  candidates  at  the  primary  in 
the  county,  except  for  precinct  committeemen,  which  are  canvassed  by 
the  election  boards  of  the  precincts.  It  is  the  duty  of  such  county  board 
to  canvass  votes  for  delegates  to  the  state  convention.     (Sec.  424.) 

The  county  board  of  canvassers  makes  the  final  canvass  of  returns 
of  the  votes  cast  for  candidates  for  all  offices  wholly  within  the  county, 
except  those  for  precinct  committeemen. 

The  county  board  of  canvassers  does  not  make  the  final  canvass 
of  returns  of  votes  cast  for  candidates  in  districts  composed  of  two  or 
more  counties.  In  such  cases  the  county  board  canvasses  and  tabulates 
the  returns  of  votes  cast  in  its  county  and  such  returns  are  sent  to  the 
secretary  of  state,  by  registered  mail,  by  the  clerk  of  the  circuit  court 
of  such  county,  not  later  than  the  Tuesday  succeeding  the  day  on  which 
the  primary  is  held.  These  returns  must  show  the  vote  cast  for  each 
candidate  not  voted  for  wholly  within  the  limits  of  the  county.  The 
returns  sent  to  the  secretary  of  state  from  the  several  counties  are 
to  be  canvassed  by  the  state  board  of  canvassers. 

Said  state  board  of  canvassers  shall  meet  at  the  office  of  the  sec- 
retary of  state  at  10  o'clock  a.  m.  on  the  second  Friday  following  the 
primary  and  make  a  canvass  of  the  returns  of  the  preferential  votes 
cast  for  president,  vice-president.  United  States  senator  and  governor, 
and  the  returns  of  the  votes  cast  for  the  following  officers  who  are 
voted  for  in  districts  composed  of  two  or  more  counties,  to  wit:Repre- 
sentative  in  congress,  judicial  officers,  prosecuting  attorneys,  members 
of  the  general  assembly,  and  tabulate  the  result  according  to  the  follow- 
ing rules,  vV'hich  rules  are  for  the  guidance  of  the  state  and  county  board 
9f  canvassers,  to  wit: 


106 

Rules  for  Canvassers. 

The  state  and  county  board  of  canvassers  shall  be  guided  by  the 
following  rules: 

If  any  candidate  for  an  office  receives  a  majority  of  the  votes  he 
shall  be  declared  nominated  for  such  office. 

The  one  then  having  the  greater  number  of  votes  to  his  credit  shall 
be  declared  nominated,  except  in  the  case  of  candidates  for  president, 
vice-president,  governor  and  United  States  senator,  the  rule  applying 
to  them  being  hereinafter  set  out. 

Any  tie  shall  be  decided  by  lot  by  the  canvassers. 

Nominees — How  Determined. 

The  person  so  nominated  at  such  primary  as  the  candidate  of  any 
party  for  any  office,  determined  under  the  rules  herein  provided,  shall 
be  the  nominee  of  that  party  for  such  office,  and  his  name  as  such 
nominee  shall  be  placed  on  the  official  ballot  at  the  following  election. 

FINAL  CANVASS  OF  PREFERENTIAL  VOTE. 

The  final  canvass  of  the  returns  of  the  preferential  vote  for  candi- 
dates for  president,  vice-president.  United  States  senator  and  governor 
is  made  by  the  state  canvassing  board  in  the  office  of  the  secretary 
of  state  at  10  o'clock  a.  m.  on  the  second  Friday  following  the  primary. 

If  a  candidate  for  president  or  vice-president  receives  a  majority 
of  the  votes  cast  on  any  one  ticket  at  the  primary  for  such  office,  the 
delegates  to  the  national  convention  of  the  party  which  such  candidate 
represents  shall  be  instructed  and  it  shall  be  their  duty  to  cast  their 
vote  as  a  unit  for  such  candidate  as  long  as  his  name  is  before  the  party 
national  convention  as  a  candidate  for  such  office.  If,  at  any  time,  the 
name  of  such  candidate  should  be  with  his  authority  or  with  the  authority 
of  his  authorized  representative,  withdrawn  from  consideration  at  such 
convention,  then  and  not  until  then  would  such  delegates  be  authorized 
to  vote  for  another  person  for  president  or  vice-president,  as  the  case 
may  be. 

The  law  clearly  recognizes  that  there  may  be  no  nomination  of 
candidates  for  the  offices  of  president,  vice-president,  governor  and 
United  States  senator,  although  there  has  been  a  preferential  vote,  and 
the  above  construction  is  the  only  one  which  gives  effect  to  all  the  pro- 
visions of  the  statute.     (Sec.  429.) 

CERTIFYING   RESULTS. 

Clerk  of  the  Circuit  Court  to  State  and  County  Chairmen. 

The  clerk  of  the  circuit  court  of  each  county  shall  certify  within 
twenty  days  after  such  primary  to  each  state  chairman  of  the  political 
party  participating  in  such  primary  the  vote  cast  in  such  county  for 
each  candidate  for  delegate  to  the  state  convention  of  the  political  party 
of  such  state  chairman,  and  shall  further  certify  to  each  county  chair- 
man of  each  political  party  participating  in  such  primary  the  votes  cast 
for  the  candidates  for  precinct  committeemen  of  the  political  party  of 


107 

such  county  chairman,  and  shall  also  certify  a  list  of  all  such  candidates 
nominated,  except  precinct  committeemen,  to  the  secretary  of  state 
within  said  twenty  days. 

Secretary  of  State  to  State  Chairman. 

The  secretary  of  state  shall  certify  to  the  chairman  of  each  such 
political  party  the  result  of  the  preferential  vote  of  the  candidates  of 
such  party  for  the  nomination  for  president,  vice-president,  governor 
and  United  States  senator,  which  result  shall  be  reported  to  the  state 
convention  of  such  party  by  its  chairman. 

County  Board  of  Election  Canvassers  to  Clerk. 

The  county  board  of  election  canvassers  shall  file  with  the  clerk 
of  the  circuit  court  of  its  county,  within  thirty  days  after  such  pri- 
mary, a  certificate  of  nomination  of  all  candidates  for  the  offices  can- 
vassed by  it. 

Board  of  Canvassers  to  Secretary  of  State  and  Governor. 

The  state  board  of  election  canvassers  shall  file  with  the  governor 
and  in  the  office  of  secretary  of  state,  not  less  than  sixty  days  after 
such  primary,  the  names  of  the  candidates  nominated  for  all  offices  can- 
vassed by  it. 

Certification  to  Chairmen  of  Parties. 

The  clerk  of  the  circuit  court  and  the  secretary  of  state  each  shall, 
upon  receiving  the  respective  lists  of  nominations  above  referred  to, 
immediately  certify  to  the  state,  district  and  county  chairmen  of  each 
political  party  participating  in  such  primary,  the  nominations  of  such 
party  made  at  such  primary  for  the  state,  district  or  county,  as  the 
case  may  be. 

As  to  persons  to  be  voted  for  within  a  county  or  any  municipal  sub- 
division thereof,  no  certificate  is  necessary,  but  the  board  of  election 
commissioners  shall  place  the  names  on  the  ballot. 

As  to  persons  to  be  voted  for  in  districts  greater  than  a  county, 
the  certificate  is  to  be  made  by  the  state  board  of  canvassers  through 
the  secretary  of  state  and  no  other  form  of  certificate  is  necessary. 

Within  twenty  days  after  any  primary  the  cleik  of  the  circuit 
court  must  furnish  to  the  secretary  of  state  a  complete  list  of  all  nomi- 
nations at  the  primary,  excluding  the  precinct  commlUeemen,  but  in- 
cluding the  names  of  all  persons  elected  delegates  to  state  conventions, 
with  postoffice  addresses. 

Within  ten  days  after  receipt  thereof  the  secretary  of  state  shall 
furnish  a  list  thereof  to  the  chairmen  of  the  state  committees  coming 
under  the  law,  including  all  the  names  so  certified  by  the  clerks  and 
all  the  names  coming  under  the  canvass  of  the  state  board  of  canvassers, 
with  postoffice  address.     (Sec.  424.) 

PART  X. 

PROHIBITED  ACTS. 

In  addition  to  the  offenses  of  fraudulent  voting  and  fraudulently 
offering  to  vote  as  heretofore  set  out,  the  primary  law  declares  the  fol- 


108 

lowing  acts  to  be  criminal  offenses,  punishable  by  fine  or  imprisonment, 
or  both. 

For  anyone  to  vote  more  than  once  at  a  primary  election,  either  at 
the  same  precinct  or  at  different  precincts.     (Sec.  436.) 

For  the  printer  of  ballots  for  any  election,  or  for  any  person  em- 
ployed in  printing  the  same,  to  give  or  deliver,  or  knowingly  permit  to 
be  taken  away  any  of  said  ballots  by  any  person  other  than  a  member 
of  the  board  of  primary  election  commissioners,  or  to  cause  or  per- 
mit to  be  printed  any  ballot  in  any  other  form  than  the  one  prescribed 
in  the  primary  law,  or  with  other  names  thereon,  or  with  the  name 
spelled  or  the  names  thereon  arranged  in  any  other  way  than  that 
authorized  by  the  said  board  of  primary  election  commissioners.  (Sec. 
437.) 

For  a  member  of  the  board  of  election  commissioners  to  give  or 
deliver  to  any  other  person  any  of  the  ballots  for  such  primary,  or  to 
permit  any  of  them  to  be  taken  away,  except  as  provided  in  the  primary 
law.     (Sec.  438.) 

For  any  person  to  take  or  remove  in  any  manner  feloniously  or 
with  the  consent  or  permission  of  the  custodian  for  the  time  from  any 
place  where  they  may  lawfully  be,  any  of  such  ballots  or  pencils  to  be 
used  in  the  primary,  except  as  an  official  or  custodian  under  this  act, 
or  while  in  the  polling  place  for  the  purpose  of  voting,  or  for  any  cus- 
todian or  officer  to  consent  to,  or  permit  any  of  such  ballots  or  pencils 
to  be  removed  or  carried  away  from  the  place  where  they  may  law- 
fully be,  by  any  person,  except  an  official  or  custodian,  whose  duty  it 
is  to  receive  the  same.    (Sec.  439.) 

For  any  inspector  to  wilfully  or  negligently  fail  to  appear  at  the 
proper  clerk's  office  in  person  or  by  representative  not  less  than  one 
day  nor  more  than  three  days  before  the  primary  to  procure  ballots  and 
election  supplies  for  his  precinct.     (Sec.  440.) 

For  any  clerk,  inspector  or  other  person  intrusted  with  the  custody 
of  the  ballots  for  use  at  the  primary  to  open  any  of  the  packages  in 
which  said  ballots  are  contained,  or  permit  them  to  be  destroyed,  or 
give  or  deliver  any  such  packages  of  ballots  to  any  person  not  lawfully 
entitled  to  receive  them;  or  to  conspire  to  procure,  or  in  any  way  aid, 
abet  or  connive  at  any  robbery,  loss  or  destruction  of  any  ballots  or 
packages.     (Sec.  443.) 

'  For  any  person  to  induce  or  attempt  to  induce  any  voter  at  a  pri- 
mary election  to  write,  paste  or  otherwise  place  on  his  ballot  any  sign 
or  device  of  any  kind  as  a  distinguishing  mark,  whether  or  not  said  act 
be  committed  or  attempted  to  be  committed.     (Sec.  444.) 

For  any  person,  either  directly  or  indirectly,  to  give,  offer  or  promise 
to  give  any  elector  any  money,  property,  or  other  thing  of  value,  for    ] 
the  purpose  of  preventing,  influencing,  inducing  or  procuring  such  elector     ' 
to  refrain  from  voting  or  to  remain  away  from  the  polls  at  any  primary 
election.    (Sec.  445.) 

For  any  person  to  give  or  offer  to  give,  directly  or  indirectly,  any 
money,  property  or  other  thing  of  value  to  any  elector  to  influence  his 
vote  at  a  primary  election,  or  for  any  person  at  such  election  to  solicit, 
furnish,  or  receive  any  money  or  other  means  for  such  purpose,  or  to 


109 

aid,  advise,  counsel  or  suggest  to  any  person,  or  to  persons  generally, 
to  use  or  procure  any  money  or  other  means  to  be  used  to  induce,  hire 
or  buy  any  person  or  persons  to  vote  or  refrain  from  voting  for  any 
candidate  or  candidates  or  to  remain  away  from  the  polls  at  any  pri- 
mary election,  whether  or  not  any  such  person  shall  act  upon  any  such 
counsel,  advice  or  suggestion.    (Sec.  446.) 

(If  either  the  one  giving  a  bribe  or  the  one  receiving  a  bribe  in- 
forms on  and  will  testify  against  the  other  in  a  prosecution  therefor, 
the  person  so  informing  shall  not  thereafter  be  prosecuted  for  his  guilt 
in  the  transaction.) 

For  any  person  being  a  member  of  a  primary  election  board  or 
otherwise  entitled  to  the  inspection  of  the  ballots,  to  reveal  to  any  other 
person  how  any  elector  has  voted,  or  give  any  information  concerning 
the  appearance  of  any  ballot  voted.     (Sec.  448.) 

For  any  person  to  induce  or  attempt  to  induce  any  member  of  a 
primary  election  board  to  violate  any  of  the  provisions  of  the  primary 
law,  whether  or  not  such  member  of  the  election  board  shall  violate  or 
attempt  to  violate  any  of  the  provisions  of  the  primary  law.    (Sec.  449.) 

For  any  person  during  the  primary  election  to  remove  or  destroy 
any  of  the  supplies  or  other  conveniences  placed  in  the  voting  booths, 
or  during  the  primary  election  to  destroy  or  remove  any  booth,  railing, 
or  other  convenience  provided  for  such  election,  or  to  induce  or  attempt 
to  induce  to  commit  any  such  acts,  whether  or  not  any  of  such  acts  are 
committed.    (Sec.  450.) 

For  an  officer  of  a  primary  election  to  disclose  to  any  person  the 
name  of  any  candidate  for  whom  an  elector  has  voted.    (Sec.  450.) 

For  an  officer  of  a  primary  election  to  do  any  electioneering  on  pri- 
mary election  day.    (Sec.  450.) 

For  any  person  whatever  to  do  any  electioneering  on  primary  elec- 
tion day  within  the  polling  place.    (Sec.  450.) 

For  any  person  to  apply  for,  or  to  receive  any  ballot  for  the  pri- 
mary in  any  polling  place  other  than  the  one  in  which  he  is  entitled  to 
vote.    (Sec.  450.) 

For  any  person  to  show  his  ballot,  after  it  is  marked,  to  any  person 
in  such  a  way  as  to  reveal  the  contents  thereof,  or  the  name  of  any 
candidate  or  candidates  for  whom  he  has  marked  his  vote.     (Sec.  450.) 

For  any  person  to  examine  the  ballot  which  any  person  has  pre- 
sented for  voting  or  to  solicit  the  voter  to  show  the  same.     (Sec.  450.) 

For  any  person  except  the  inspector  of  a  primary  election,  or  the 
member  of  the  board  who  may  be  temporarily  acting  for  him,  to  re- 
ceive from  any  voter  a  ballot  prepared  by  him  for  voting.     (Sec.  450.) 

For  a  voter  to  receive  a  ballot  to  be  used  in  the  primary  from  any 
one  person  other  than  one  of  the  poll  clerks.    (Sec.  450.) 

For  any  person  other  than  the  poll  clerk  to  deliver  a  ballot  to  be 
used  in  the  primary  to  an  elector  to  be  voted.    (Sec.  450.) 

For  a  voter  to  deliver  any  ballot  to  be  voted  at  the  primary  to  an 
inspector  to  be  voted,  except  the  one  such  voter  received  from  the  poll 
clerk.    (Sec.  450.) 


110 

For  a  voter  to  place  any  mark  upon  his  ballot  or  suffer  or  permit 
any  other  person  to  do  so  by  which  it  may  afterwards  be  identified  as 
the  one  voted  by  him.    (Sec.  450.) 

For  any  public  officer,  upon  whom  any  duty  is  imposed  by  this  act, 
to  wilfully  neglect  or  omit  to  perform  such  duties,  or  to  do  any  act 
prohibited  in  this  law.    (Sec.  451.) 

Offenses  Under  General  Election  Law  and  Corrupt  Practices  Act. 

In  addition  to  the  above  offenses  the  primary  law  provides  that  any 
act  declared  to  be  an  offense  under  the  general  election  laws  shall  also 
in  like  cases  be  an  offense  in  all  primaries  and  be  punished  in  the  same 
form-  and  manner  as  therein  provided;  and  that  the  provisions  of  the 
statutes  now  in  force  in  relation  to  corrupt  practices  at  elections,  the 
solicitation  of  voters  at  the  polls,  the  challenging  of  voters,  the  manner 
of  conducting  elections,  of  counting  the  ballots  and  making  the  returns 
thereof,  and  all  other  kindred  subjects  shall  apply  to  all  primaries  in 
so  far  as  they  are  consistent  with  the  primary  act.    (Sees.  455  and  458.) 


PART  XI. 
CITY  PRIMARIES. 

On  the  first  Tuesday  after  the  first  Monday  in  May  of  each  year  in 
which  a  city  election  is  held,  a  primary  election  must  be  held  in  the 
several  precincts  of  the  cities  of  this  state  for  the  nomination  of  all 
elective  city  officers  of  all  political  parties  coming  under  the  provisions 
of  the  primary  law.  In  a  general  way,  all  the  provisions  of  the  law 
with  reference  to  general  primary  elections  apply  to  city  elections.  The 
duties  required  of  the  clerk  of  the  circuit  court  at  a  general  primary 
election  are  to  be  performed  by  the  city  clerk;  those  of  the  board  of 
commissioners  by  the  city  council;  those  of  the  county  sheriff  by  the 
chief  of  police,  and  the  right  to  nominate  election  officers  by  political 
parties  shall  be  exercised  by  the  chairmen  of  the  city  committees  of 
such  political  parties. 

Declarations  of  candidacy  for  city  offices  are  to  be  filed  with  the  city 
clerk  not  less  than  thirty  (30)  days  prior  to  such  primary  and  the  city 
board  of  election  commissioners  is  to  be  appointed  in  the  same  manner 
that  county  boards  of  election  commissioners  are  appointed. 

The  chairman  of  the  county  central  committee  is  not  the  chair- 
man of  the  city  central  committee.  The  chairman  of  the  city  central 
committee  is  to  be  elected  by  the  precinct  committeemen  whose  pre- 
cincts are  in  whole  or  in  part  within  the  city  limits  and  by  them  only. 
If  they  desire  they  may  select  the  county  chairman  as  such  city  chair- 
man, if  he  resides  in  the  city,  but  they  are  not  bound  to  do  so.  There 
are  to  be  no  precinct  committeemen  elected  at  the  city  primary.  (Sec, 
409.) 


Ill 

PARTXIL 

POLITICAL   PARTY   COMMITTEES— HOW   COMPOSED— DATE   OF 
ORGANIZATION— RULES. 

Party  Committees  Authorized. 

The  parties  regulated  by  this  act  shall  have  the  following  commit- 
tees: 

State  central  committee. 
Congressional  district  committees. 
County  committees. 
City  committees. 
Precinct  committees. 

The  state  central  committee  shall  be  composed  of  the  district  chair- 
men from  each  congressional  district;  the  congressional  district  commit- 
tee shall  be  composed  of  the  county  chairmen  of  the  several  counties  in 
the  congressional  district,  except  that  in  congressional  districts  having 
no  more  than  one  county  the  county  committee  shall  constitute  the  dis- 
trict committee  and  such  committee  shall  elect  in  addition  to  the  county 
chairman  a  district  chairman,  who  shall  represent  such  district  in  the 
state  central  committee. 

The  county  committee  shall  be  composed  of  the  precinct  committee- 
men of  the  several  precincts;  the  city  central  committee  shall  be  com- 
posed of  those  members  of  the  county  central  committee  who  have  been 
elected  for  precincts  in  whole  or  in  part  in  such  cities;  each  precinct 
committee  shall  be  composed  of  the  precinct  committeeman  and  such 
other  persons  as  may  be  designated  and  appointed  by  the  county  chair- 
man, under  rules  adopted  by  the  state  central  committee  of  such  party. 
(Sec.  400.) 

Reference  should  be  made  to  above  section  for  the  large  powers  of 
state  committees  as  to  rules,  removals  and  legal  proceedings. 

Time  Fixed  for  Organization  of  Party  Committees. 

At  one  (1)  o'clock  p.  m.  on  the  Saturday  following  their  election, 
the  precinct  committeemen  of  each  political  party  shall  meet  at  some 
place  in  the  county  seat,  to  be  fixed  by  the  retiring  county  chairman, 
and  shall  organize  by  electing  the  officers  required  by  the  primary  act. 
These  officers  are  a  chairman,  a  secretary  and  treasurer  and  such  other 
officers  or  sub-committees  as  they  may  deem  necessary  to  perfect  their 
organization.  The  chairman,  secretaiy,  treasurer  and  other  officers  need 
not  be  precinct  committeemen,  but  any  person  appointed  on  a  sub-com- 
mittee must  be  either  a  regularly  elected  precinct  committeeman  or  a 
regularly  selected  officer  of  such  county  committee.  The  state*  central 
committee  of  each  political  party  shall,  by  proper  rules,  provide  for 
the  organization  of  all  committees,  state,  congressional,  city  and  pre- 
cinct. These  committees  are  to  have  the  same  officers  as  the  county 
committee — chairman,  secretary  and  treasurer;  and  such  other  officers 
or  sub-committees  as  may  be  deemed  necessary  to  perfect  their  organiza- 
tion, and  the  officers  of  such  committees  do  not  need  to  be  members  of 
the  committee  who  were  elected  at  the  primary.     For  example:     The 


112 

county  chairmen  who  form  the  congressional  committee  may  elect  a  per- 
son chairman  of  the  congressional  committee  who  is  not  a  county  chair- 
man. The  members  of  the  state  central  committee,  that  is,  the  chairmen 
of  the  several  congressional  districts,  may  elect  a  person  chairman  of  the 
state  committee  who  is  not  the  chairman  of  a  congressional  committee, 
and  the  same  rule  applies  to  the  other  officers  of  such  committees. 
(Sec.  401.) 

The  state  central  committee  of  each  party  shall  by  proper  rules  pro- 
vide for  the  organization  of  all  the  committees  provided  for  by  the  pri- 
mary law  and  shall  make  any  reasonable  rules  and  regulations  for  their 
organization  and  government  not  inconsistent  with  the  statute.  The 
organization  of  all  siich  committees  shall  take  place  within  thirty  (30) 
days  after  the  primary,  except  that  the  city  central  committee  need 
not  organize  until  sixty  (60)  days  before  the  city  primary.  The  state 
committees  fix  the  time  for  the  city  committee  to  meet  to  perfect  their 
organization.     (Sec.  404.) 

PART  XIII. 

STATE      CONVENTIONS— TIME— PLACE— RULES— DELEGATES- 
CANDIDATES  FOR  WHAT  OFFICES  NOMINATED— 
CERTIFICATE  OF  RESULTS. 

State  Convention. 

The  state  convention  of  each  political  party  shall  be  held  at  a  date 
to  be  fixed  by  the  state  central  committee  of  such  party,  which  date 
shall  be  within  one  hundred  fifty  (150)  days  after  the  primary.  Each 
convention  is  to  be  held  in  the  city  of  Indianapolis.  Under  the  power 
of  the  state  central  committee  to  adopt  appropriate  and  adequate  rules 
for  the  government  and  regulation  of  the  party,  such  committee  may 
regulate  the  manner  and  method  of  holding  such  convention.  Rules  for 
the  nomination  of  all  candidates  to  be  nominated  by  said  convention 
(except  where  there  shall  have  been  a  nomination  for  president,  vice- 
president,  United  States  senator  or  governor,  as  a  result  of  a  preferential 
vote)  shall  be  adopted  by  the  committee.     (Sec.  427.) 

Delegates  to  State  Convention — Official  Delegates. 

The  state  convention  of  each  party  participating  in  the  primary  shall 
be  composed  of  the  delegates  duly  elected  by  members  of  such  paTty 
in  the  delegate  districts  of  the  state.     (Sec.  428.) 

Proxies  and  Power  to  Fill  Vacancies, 

If,  after  a  person  has  been  elected  a  delegate  to  a  state  convention, 
he  is  unable  to  attend,  he  may  give  his  proxy  to  some  other  voter  of 
the  delegate  district  in  which  he  resides,  who  has  all  the  qualifications 
required  by  law  for  a  delegate  to  the  convention  of  such  party.  But 
the  state  central  committee  of  any  party  has  the  power  to  pass  reason- 
able regulations  respecting  the  giving  of  such  proxies,  the  circumstances 
under  which  they  may  be  given  and  to  require,  if  in  its  judgment  it  is 
necessary,  the  approval  of  such  proxy  by  some  proper  officers  of  the 
party. 

In  the  following  cases  vacancies  in  delegate  representation  may  be 


113 

filled  in  such  manner  as  the  rules  of  the  respective  state  central  com- 
mittees of  the  parties  shall  provide: 

1.  In  case  of  the  death  of  a  person  nominated  as  delegate  by  peti- 
tion, too  late  to  place  the  name  of  another  candidate  for  such  delegate 
on  the  ticket,  and  when  such  death  results  either  in  leaving  no  person 
nominated  for  delegate  or  in  reducing  the  number  of  persons  nominated 
below  the  full  representations  to  which  the  party  is  entitled  for  such 
delegate  district. 

2.  In  case  of  the  death  of  any  person  after  he  has  been  elected  as  a 
delegate. 

3.  Where  any  delegate  is  absent  from  the  convention  and  has  not 
executed  a  proxy,  or  if  he  has  executed  a  proxy  and  the  same  has  not 
been  presented  to  the  convention  or  has  been  presented  and  rejected  by 
the  proper  officers  or  committees  of  such  convention.    (Sees.  400  and  427.) 

Candidates  to  Be  Nominated  at  State  Convention. 

The  state  convention  of  each  party  is  authorized  to  nominate  candi- 
dates for  all  state  offices,  including  those  of  the  United  States  senator 
and  governor,  to  be  voted  for  at  the  ensuing  general  election:  Provided, 
however.  Such  state  convention  has  power  to  nominate  candidates  for 
governor  and  United  States  senator  only  in  the  event  that  in  the  primary 
preceding  such  convention  no  candidate  of  such  party  for  such  office  was 
nominated.     (Sec.  430.) 

State   Convention   Elects   Delegates  to  National   Convention  and  Presi- 
dential Electors. 

The  state  convention  of  each  party  shall  nominate  candidates  of  such 
party  for  presidential  electors,  and  alternate  electors,  and  shall  elect 
delegates  and  alternate  delegates  of  such  party  to  the  national  conven- 
tion. The  party  may,  by  appropriate  rules  adopted  by  its  state  com- 
mittee, permit  the  delegates  to  the  state  convention  from  the  several 
congressional  districts  to  select  their  own  candidates  from  such  districts 
for  elector  and  alternate  elector  and  elect  their  own  delegate  and  alter- 
nate delegate  to  the  national  convention,,  but  if  it  see  fit,  the  convention 
as  a  whole  may  select  such  delegates,  alternate  delegates,  electors  and 
alternate  electors.  The  convention  has  the  power  to  make  its  own  rules 
with  respect  to  the  qualifications  of  such  electors  and  delegates.  (Sec. 
^30.) 

Party  Platform. 

The  state  convention  of  each  political  party  shall  formulate  and 
adopt  its  own  party  platform.     (Sec.  430.) 

METHOD  OF  FILLING  VACANCIES  ON  STATE  AND  COUNTY 
TICKETS  SUBSEQUENT  TO  PRIMARY  AND  STATE  CONVENTION 
—VACANCIES  OCCURRING  IN  OFFICE  AFTER  PRIMARY  AND 
STATE  CONVENTION  AND  BEFORE  ELECTION— HOW  NOMINA- 
TIONS ARE  MADE. 

Vacancies  in  Nominations  and  Offices. 

The  general  election  law  provides  that  in  case  of  death,  removal  or 
resignation  of  any  candidate,  it  shall  be  lawful  for  the  chairman  of 

8—22129 


114 

the  state,  district  or  county  political  organization  of  which  such  candi- 
date was  a  member  to  make  a  nomination  to  fill  the  vacancy  and  to  pro- 
vide the  election  board  of  each  precinct  in  which  such  candidate  is  to 
be  voted  for,  with  a  number  of  pasters  containing  only  the  name  of  such 
candidate,  which  shall  be  pasted  on  the  ballot  in  the  proper  manner 
and  placed  on  each  ticket  by  the  poll  clerks,  but  no  resignations  shall 
be  filed  with  or  received  by  the  state  board  of  election  commissioners 
within  (20)  days  preceding  an  election,  or  with  the  county  board  of 
election  commissioners  within  fifteen  (15)  days  immediately  preceding 
an  election  and  so  far  as  resignations  are  concerned,  no  candidate  whose 
nomination  has  been  certified  by  the  proper  officer,  according  to  law, 
can  withdraw  unless  he  does  so  in  writing  within  three  days  after  the 
filing  of  his  certificate  of  nomination. 

In  the  event  of  the  death,  resignation  or  removal  of  any  candidate, 
after  his  nomination  at  the  primary  or  by  the  state  convention,  the 
chairman  of  the  proper  committee  has  the  right  to  fill  the  vacancy  pur- 
suant to  rules  adopted  for  such  purposes  by  the  state  central  committees 
of  the  respective  parties. 

In  case  of  death,  resignation  or  removal  of  any  person  who  is  the 
only  candidate  for  an  office  (except  president,  vice-president,  governor 
and  United  States  senator,  and  the  other  officers  to  be  nominated  by  the 
state  convention)  prior  to  the  primary  election,  but  after  it  is  too  late 
to  procure  the  name  of  a  candidate  to  be  placed  on  the  primary  ticket 
then  a  candidate  to  fill  such  place  and  to  be  voted  for  at  the  general 
election  shall  be  chosen  by  the  chairman  of  the  proper  committee  under 
the  rules  adopted  for  that  purpose  by  the  state  central  committee  of 
such  party,  and  certified  by  him  to  the  proper  board  of  election  com- 
missioners. 

In  the  event  that  any  state  or  federal  office,  which  must  be  filled 
at  the  next  general  election,  and  for  which  there  may  be  preferential 
voting  at  any  primary,  becomes  vacant  by  reason  of  death  or  otherwise, 
and  such  vacancy  occurs  after  the  time  when  a  candidate  for  such  office 
would  be  entitled  to  file  his  petition  for  nomination  at  such  primary  the 
state  conventions  of  each  party  shall  nominate  a  candidate  for  the  un- 
expired term  of  such  office;  in  the  event  such  vacancy  occurs  after  the 
state  convention,  then  the  chairman  of  the  state  central  committee  of 
the  respective  parties  shall  nominate  candidates  for  such  office  under 
and  pursuant  to  rules  adopted  by  the  respective  state  central  commit-* 
tees  in  that  behalf,  and  the  names  of  such  candidates  shall  be  certified 
to  the  proper  board  of  election  commissioners  and  by  such  board  placed 
on  the  official  ballot. 

In  making  any  such  nomination  eacli  of  such  chairmen  and  state 
conventions  shall  have  the  right  to  select  any  legally  qualified  person, 
whether  he  has  prior  to  that  time  been  a  candidate  for  such  office  or  not. 

In  the  event  *a  vacancy  occurs  in  any  other  office  which  must  be 
filled  at  the  general  election,  nomination  for  which  must  be  made  at  a 
primary,  and  such  vacancy  shall  occur  too  late  for  a  candidate  to  file 
his  petition  for  nomination  at  such  primary,  then  such  nomination  shall 
be  made  by  the  same  method  as  a  vacancy  is  filled,  where  the  vacancy 
occurs  after  a  nomination  is  made  at  such  primary. 


115 

Certifying  Nominations  to  Governor — Presiding  Officer  and  Secretary  of 
Convention  Certify. 

In  the  event  that  any  person  nominated  at  a  primary  for  an  office 
shall  die,  resign  or  be  removed,  the  vacancy  so  occurring  shall  be  filled 
pursuant  to  rules  adopted  for  that  purpose  by  the  state  central  com- 
mittee of  the  party  affected  thereby. 

The  certificate  of  nominations  of  each  state  convention  shall  be  in 
writing  and  shall  contain  the  name  of  each  person  nominated,  his  resi- 
dence, and  the  office  for  which  he  is  nominated  and  shall  designate  the 
title  of  the  party  which  such  convention  represents,  together  with  any 
simple  figure  or  device  by  which  its  list  of  candidates  may  be  designated 
on  the  ballots;  said  certificate  shall  be  signed  by  the  presiding  officer  and 
secretary  of  such  convention,  who  shall  add  to  their  signatures  their 
respective  places  of  residence  and  acknowledge  the  same  before  an  officer 
duly  authorized  to  take  acknowledgments  of  deeds.  If  the  certificate  of 
nominations  of  any  state  convention  shall  request  that  the  figure  or 
device  selected  by  such  convention  be  used  to  designate  the  candidates 
of  such  party  on  the  ballot,  for  all  elections  throughout  the  state,  such 
figure  on  device  shall  be  used  until  changed  by  request  of  a  subsequent 
state  convention  of  the  same  party.  Such  device  may  be  the  figure  of 
a  star,  eagle,  a  plow  or  some  such  appropriate  symbol,  but  the  coat  of 
arms  or  seal  of  the  state  or  of  the  United  States,  the  national  flag  or 
any  other  emblem  common  to  the  people  at  large  shall  not  be  used  as 
such  device.  A  certificate  of  such  acknowledgment  shall  be  appended 
to  such  instrument.  Said  certificate  shall  be  filed  with  the  governor 
not  more  than  sixty  days  and  not  less  than  twenty  days  before  such 
election. 

Independent  Candidates. 

A  person  desiring  to  be  an  independent  candidate  for  any  office 
must,  at  least  thirty  days  before  the  primary,  file  his  or  her  declaration 
the  same  as  any  other  candidate  or  the  name  of  such  person  will  not  be 
printed  on  the  official  ballot  to  be  used  at  a  general  or  municipal  elec- 
tion.    (Sec.  460.) 


ELECTION  LAWS. 


CHAPTER  I. 
CONSTITUTIONAL  PROVISIONS. 

CONSTITUTION  OF  THE  UNITED  STATES. 


SEC. 

SEC. 

1. 

Elections. 

6. 

Suffrage  amendment. 

2. 

The  President. 

7. 

Election  of  Senators. 

3. 

Representatives  appoi-tioned. 

8. 

Election  of  President  and  Vice-Presi- 

4. 

Official  disabilities. 

dent. 

5. 

The  rights  of  voters. 

1.  Elections. 

The  times,  places  and  manner  of  holding  elections  for  senators  and 
representatives  shall  ,be  prescribed  in  each  state  by  the  legislature 
thereof;  but  the  congress  may  at  any  time,  by  law,  make  or  alter  such 
regulations,  except  as  to  the  places  of  choosing  senators.  The  congress 
shall  assemble  at  least  once  in  every  year,  and  such  meeting  shall  be 
on  the  first  Monday  in  December,  unless  they  shall  by  law  appoint  a 
different  day.     (Art.  1,  Sec.  4,  U.  S.  Con.     R.  S.  1914,  Sec.  4.). 

2.  The  President. 

The  executive  power  shall  be  vested  in  a  president  of  the  United 
States  of  America.  He  shall  hold  office  during  the  term  of  four  years 
and  together  with  the  vice-president,  chosen  for  the  same  tenn,  be  elected 
as  follows:  Each  state  shall  appoint,  in  such  manner  as  the  legislature 
thereof  may  direct,  a  number  of  electors  equal  to  the  whole  number  of 
senators  and  representatives  to  which  the  state  may  be  entitled  in  the 
congress.  But  no  senator  or  representative,  or  person  holding  an  office 
of  trust  or  profit  under  the  United  States,  shall  be  appointed  an  elector. 

No  person,  except  a  natural-born  citizen,  or  a  citizen  of  the  United 
States  at  the  time  of  the  adoption  of  this  constitution,  shall  be  eligible 
to  the  office  of  president;  neither  shall  any  person  be  eligible  to  that 
office  who  shall  not  have  attained  to  the  age  of  thirty-five  years,  and 
been  fourteen  years  a  resident  within  the  United  States. 

In  case  of  the  removal  of  the  president  from  office,  or  of  his  death, 
resignation,  or  inability  to  discharge  the  powers  and  duties  of  said  office, 
the  same  shall  devolve  on  the  vice-president;  and  the  congress  may  by 
law  provide  for  the  case  of  removal,  death,  resignation,  or  inability,  both 
of  the  president  and  vice-president,  declaring  what  officer  shall  then  act 
as  president,  and  such  officer  shall  act  accordingly,  until  the  disability 
be  removed,  or  a  president  shall  be  elected. 

The  president  shall,  at  stated  times,  receive  for  his  services  a  com- 
pensation which  shall  neither  be  increased  nor  diminished  during  the 
period  for  which  he  shall  have  been  elected;  and  he  shall  not  receive, 
within  that  period,  any  other  emolument  from  the  United  States,  or 
any  of  them, 

(117) 


118 

Before  he  enter  on  the  execution  of  his  office  he  shall  take  the  fol 
lowing  oath  or  affirmation: 

"I  do  solemnly  swear  (or  affirm). that  I  will  faithfully  execute  the 
office  of  president  of  the  United  States,  and  will,  to  the  best  of  my 
ability,  preserve,  protect  and  defend  the  constitution  of  the  United 
States."     (Art.  2,  Sec.  1,  U.  S.  Con.     R.  S.  1914,  Sec.  11.) 

3.  Representatives  Apportioned. 

Representatives  shall  be  apportioned  among  the  several  states  ac- 
cording to  their  respective  numbers,  counting  the  whole  number  of  per- 
sons in  each  state,  excluding  Indians  not  taxed.  But  when  the  right 
to  vote  at  any  election  for  the  choice  for  electors  for  president  and 
vice-president  of  the  United  States,  representative  in  congress,  the 
executive  and  judicial  officer  of  a  state,  or  the  members  of  the  legislature 
thereof,  is  denied  to  any  of  the  male  inhabitants  of  such  state,  being 
twenty-one  years  of  age  and  citizens  of  the  United  States,  or  in  any  way 
abridged,  except  for  participations  in  rebellion  or  other  crime,  the  basi 
of  representation  therein  shall  be  reduced  in  the  proportion  which  the 
number  of  such  male  citizens  shall  bear  to  the  whole  number  of  male 
citizens  twenty-one  years  of  age  in  such  state.  (Art.  14,  Sec.  2,  U.  S. 
Con.     R.  S.  1914,  Sec.  40.) 

4.  Official  Disabilities. 

No  person  shall  be  a  senator  or  representative  in  congress,  or  elector 
of  president  and  vice-president,  or  hold  any  office  civil  or  military  under 
the  United  States,  or  under  any  state,  who,  having  previously  taken  an 
oath  as  a  member  of  congress,  or  as  an  officer  of  the  United  States,  or 
a  member  of  any  state  legislature,  or  as  an  executive  or  judicial  officer 
of  any  state,  to  support  the  constitution  of  the  United  States,  shall 
have  engaged  in  insurrection  or  rebellion  against  the  same  or  given  aid 
or  comfort  to  the  enemies  thereof.  But  congress  may,  by  a  vote  of  two 
thirds  of  each  house,  remove  such  disability.  (Art.  14,  Sec.  4,  U.  S.  Con. 
R.  S.  1914,  Sec.  41.) 

Section  1.  All  persons  bom  or  naturalized  in  the  United  States, 
and  subject  to  the  jurisdiction  thereof,  are  citizens  of  the  United  States^ 
and  of  the  state  wherein  they  reside.  No  state  shall  make  or  enforce 
any  law  which  shall  abridge  the  privileges  or  immunities  of  citizens  of 
the  United  States;  nor  shall  any  state  deprive  any  person  of  life,  liberty, 
or  property,  without  due  process  of  law;  nor  deny  to  any  person  within 
its  jurisdiction  the  equal  protection  of  the  laws.  (Art.  14,  Sec.  1,  U.  S 
Con.) 

5.  The  Rights  of  Voters. 

The  right  of  the  citizens  of  the  United  States  to  vote  shall  not  be 
denied  or  abridged  by  the  United  States  or  by  any  state,  on  account  of 
race,  color,  or  previous  condition  of  servitude.  (Art.  15,  Sec.  1,  U.  S. 
Con.    R.  S.  1914,  Sec.  44.) 

6.  Suffrage  Amendment. 

Section  1.  The  right  of  citizens  of  the  United  States  to  vote  shall' 
not  be  denied  or  abridged  by  the  United  States  or  by  any  state  on  ac- 
count of  sex.     (Art.  19,  Sec.  1,  U.  S.  Con.) 


119 

7.  Election  of  Senators. 

The  senate  of  the  United  States  shall  be  composed  of  two  senators 
from  each  state,  elected  by  the  people  thereof,  for  six  years;  that  each 
senator  shall  have  one  vote.  The  electors  in  each  state  shall  have  the 
qualifications  requisite  for  electors  of  the  most  numerous  branch  of  the 
state  legislatures. 

When  vacancies  happen  in  the  representation  of  any  state  in  the 
senate,  the  executive  authority  of  such  state  shall  issue  writs  of  election 
to  fill  such  vacancies:  Provided,  That  the  legislature  of  any  state  may 
empower  the  executive  thereof  to  make  temporary  appointments  until  the 
people  fill  the  vacancies  by  election  as  the  legislature  may  direct. 

This  amendment  shall  not  be  so  construed  as  to  affect  the  election  or 
term  of  any  senator  chosen  before  it  becomes  valid  as  part  of  the  con- 
stitution.    (Art.  17,  Sec.  1,  U.  S.  Con.    R.  S.  1914,  Sec.  45b.) 

8.  Election  of  President  and  Vice-President. 

The  electors  shall  meet  in  their  respective  states,  and  vote  by  ballot 
for  president  and  vice-president,  one  of  whom,  at  least,  shall  not  be 
an  inhabitant  of  the  same  state  with  themselves;  they  shall  name  in  their 
ballots  the  persons  voted  for  as  president,  and  in  distinct  ballots  the 
persons  voted  for  as  vice-president;  and  they  shall  make  distinct  lists  of 
all  persons  voted  for  as  president,  and  of  all  persons  voted  for  as  vice- 
president,  and  of  the  number  of  votes  for  each;  which  lists  they  shall 
sign  and  certify,  and  transmit,  sealed,  to  the  seat  of  the  government  of 
the  United  States,  directed  to  the  president  of  the  senate.  The  presi- 
dent of  the  senate  shall,  in  the  presence  of  the  senate  and  the  house  of 
representatives,  open  all  the  certificates,  and  the  votes  shall  then  be 
counted.  The  person  having  the  greatest  number  of  votes  for  president 
shall  be  the  president,  if  such  number  be  a  majority  of  the  whole  num- 
ber of  electors  appointed;  and  if  no  person  have  such  majority,  then, 
from  the  persons  having  the  highest  numbers,  not  exceeding  three,  on 
the  list  of  those  voted  for  as  president,  the  house  of  representatives 
shall  choose  immediately,  by  ballot,  the  president.  But  in  choosing  the 
president,  the  votes  shall  be  taken  by  states,  the  representation  from 
each  state  having  one  vote;  a  quorum  for  this  purpose  shall  consist  of 
a  member  or  members  from  two-thirds  of  the  states,  and  a  majority 
of  all  the  states  shall  be  necessary  to  a  choice.  And  if  the  house  of  rep- 
resentatives shall  not  choose  a  president,  whenever  the  right  of  choice 
shall  devolve  upon  them,  before  the  fourth  day  of  March  next  follow- 
ing, then  the  vice-president  shall  act  as  president,  as  in  case  of  the 
death  or  other  constitutional  disability  of  the  president. 

The  person  having  the  greatest  number  of  votes  as  vice-president  shall 
be  the  vice-president,  if  such  number  be  the  majority  of  the  whole  num- 
ber of  electors  appointed;  and  if  no  person  have  a  majority,  then,  from 
the  two  highest  numbers  on  the  list,  the  senate  shall  choose  the  vice- 
president;  a  quorum  for  the  purpose  shall  consist  of  two-thirds  of  the 
whole  number  of  senators,  and  a  majority  of  the  whole  number  shall  be 
necessary  to  a  choice. 

But  no  person  constitutionally  ineligible  to  the  office  of  president 
shall  be  eligible  to  that  of  vice-president  of  the  United  States.  (Art. 
12,  Sec.  1,  U.  S.  Con.     R.  S.  1914,  Sec.  36.) 


120 

CONSTITUTION  OF  INDIANA. 


8. 

Elections  free. 

17. 

Pro  tempore  appointments. 

9. 

Qualifications  of  electors. 

18. 

Electors  free  from  arrest. 

10. 

Soldiers— Seamen— Marines. 

19. 

Method  of  elections. 

11. 

Residence. 

20. 

Time  of  elections. 

12.' 

Bribery. 

21. 

Election. 

13. 

Challenge  to  duel. 

22. 

Manner  of  voting. 

14. 

Disfranchisement. 

23. 

Plurality  elects. 

15. 

Effect  of  holding  lucrative  office. 

24. 

Contests. 

16. 

Defaulters. 

8.  Elections  Free. 

All  elections  shall  be  free  and  equal.  (Art.  2,  Sec.  1,  Const,  of  Ind. 
R.  S.  1914,  Sec.  83.) 

9.  Qualifications  of  Electors.     (As  amended  September  6,  1921.) 
In   all   elections   not   otherwise   provided   for  by   this   constitution, 

every  citizen  of  the  United  States,  of  the  age  of  twenty-one 
years  and  upwards,  who  shall  have  resided  in  the  state  during  the  six 
months,  and  in  the  township  sixty  days,  and  in  the  ward  or  precinct 
thirty  days  immediately  preceding  such  election,  shall  be  entitled  to 
vote  in  the  township  or  precinct  where  he  or  she  may  reside.  (Art.  2, 
Sec.  2,  Const,  of  Ind.) 

10.  Soldiers — Seamen — Marines. 

No  soldier,  seaman  or  marine  in  the  army  or  navy  of  the  United 
States,  or  of  her  allies,  shall  be  deemed  to  have  acquired  a  residence 
in  the  state  in  consequence  of  having  been  stationed  within  the  same; 
nor  shall  any  such  soldier,  seaman  or  marine  have  any  right  to  vote. 
(Art.  2,  Sec.  3,  Con.  of  Ind.     R.  S.  1914,  Sec.  85.) 

11.  Residence. 

No  person  shall  be  deemed  to  have  lost  his  residence  in  the  state  by 
reason  of  his  absence,  either  on  business  of  this  state  or  of  the  United 
States.     (Art.  2,  Sec.  4,  Con.  of  Ind.    R.  S.  1914,  Sec.  86.) 

12.  Bribery. 

Every  person  shall  be  disqualified  for  holding  office  during  the  term 
for  which  he  may  have  been  elected  who  shall  have  given  or  offered 
bribe,  threat  or  reward,  to  secure  his  election.  (Art.  2,  Sec.  6,  Con.  of 
Ind.     R.  S.  1914,  Sec.  87.) 

13.  Challenge  to  Duel. 
Every  person  who  shall  give  or  accept  a  challenge  to  fight  a  duel, 

or  who  shall  knowingly  carry  to  another  person  such  challenge,  or  who 
shall  agree  to  go  out  of  the  state  to  fight  a  duel,  shall  be  ineligible  to 
any  office  of  trust  or  profit.  (Art.  2,  Sec.  7,  Con.  of  Ind.  R.  S.  1914,^ 
Sec.  88.) 

14;     Disfranchisement. 

The  general  assembly  shall  have  power  to  deprive  of  the  right  of 
suffrage  and  to  render  ineligible  any  person  convicted  of  any  infamous 
crime.     (Art.  2,  Sec.  8,  Con.  of  Ind.    K.  S.  1914,  Sec.  89.) 


121 

15.  Effect  of  Holding  Lucrative  Office. 

No  person  holding  a  lucrative  office  or  appointment  under  the  United 
States,  or  under  this  state,  shall  be  eligible  to  a  seat  in  the  general 
assembly;  nor  shall  any  person  hold  more  than  one  lucrative  office  at  the 
same  time,  except  as  by  this  constitution  expressly  permitted:  Pro- 
vided, That  offices  in  the  militia,  to  which  there  is  attached  no  annual 
salary,  and  the  office  of  deputy  postmaster,  where  the  compensation  does 
not  exceed  ninety  dollars  per  annum,  shall  not  be  deemed  lucrative. 
And  Provided,  also.  That  counties  containing  less  than  one  thousand 
polls  may  confer  the  office  of  clerk,  recorder  and  auditor,  or  any  two  of 
said  offices,  upon  the  same  person.  (Art.  2,  Sec.  9,  Con.  of  Ind.  R.  S. 
1914,  Sec.  90.) 

16.  Defaulters. 

No  person  who  may  hereafter  be  a  collector  or  holder  of  public 
moneys  shall  be  eligible  to  any  office  of  trust  or  profit  until  he  shall 
have  accounted  for,  and  paid  over  according  to  law,  all  sums  for  which 
he  may  be  liable.     (Art.  2,  Sec.  10,  Con.  of  Ind.     R.  S.  1914,  Sec.  91.) 

17.  Pro  Tempore  Appointments. 

In  all  cases  in  which  it  is  provided  that  an  office  shall  not  be  filled 
by  the  same  person  more  than  a  certain  number  of  years  continuously, 
an  appointment  pro  tempore  shall  not  be  reckoned  a  part  of  that  time. 
(Art.  2,  Sec.  11,  Con.  of  Ind.     R.  S.  1914,  Sec.  92.) 

18.  Electors  Free  From  Arrest. 

In  all  cases,  except  treason,  felony,  and  breaches  of  the  peace,  elect- 
ors shall  be  free  from  arrest  in  going  to  elections,  during  their  attend- 
ance there,  and  in  returning  from  the  same.  (Art.  2,  Sec.  12,  Con.  of 
Ind.    R.  S.  1914,  Sec.  93.) 

19.  Method  of  Elections. 

All  elections  by  the  people  shall  be  by  ballot,  and  all  elections  by 
the  general  assembly,  or  either  branch  thereof,  shall  be  viva  voce.  (Art. 
2,  Sec.  13,  Con.  of  Ind.    R.  S.  1914,  Sec.  94.) 

20.  Time  of  Elections. 

(As  amended  March  14,  1881.)  All  general  elections  shall  be  held 
on  the  first  Tuesday  after  the  first  Monday  in  November;  but  township 
elections  may  be  held  at  such  time  as  may  be  provided  by  law:  Pro- 
vided, That  the  general  assembly  may  provide  by  law  for  the  election  of 
all  judges  of  courts  of  general  and  appellate  jurisdiction  by  an  election 
to  be  held  for  such  officers  only,  at  which  time  no  other  officers  shall  be 
voted  for;  and  shall  also  provide  for  the  registration  of  all  persons  en- 
titled to  vote.     (Art.  2,  Sec.  13,  Con.  of  Ind.     R.  S.  1914,  Sec.  95.) 

21.  Election. 

The  governor  and  lieutenant-governor  shall  be  elected  at  the  times 
and  places  of  choosing  members  of  the  general  assembly.  (Art.  5, 
Sec.  3,  Con.  of  Ind.    R.  S.  1914,  Sec.  129.) 


122 

22.  Manner  of  Voting. 

In  voting  for  governor  and  lieutenant-governor,  the  electors  shal 
designate  for  whom  they  vote  as  governor  and  for  whom  as  lieutenant 
governor.  The  returns  for  every  election  for  governor  shall  be  sealed 
up  and  transmitted  to  the  seat  of  government,  directed  to  the  speake 
of  the  house  of  representatives,  who  shall  open  and  publish  them  in  tb 
presence  of  both  houses  of  the  general  assembly.  (Art.  5,  Sec.  4,  Cob 
of  Ind.     R.  S.  1914,  Sec.  130.) 

23.  Plurality  Elects. 

The  persons,  respectively,  having  the  highest  number  of  votes  fo! 
governor  and  lieutenant-governor  shall  be  elected;  but  in  case  two  o 
more  persons  shall  have  an  equal,  and  the  highest,  number  of  votes  fo 
either  office,  the  general  assembly  shall,  by  joint  vote,  forthwith  procee 
to  elect  one  of  the  said  persons  governor  or  lieutenant-governor,  as  th 
case  may  be.     (Art.  5,  Sec.  5,  Ind.  Con.     R.  S.  1914,  Sec.  131.) 

24.  Contests. 

Contested  elections  for  governor  or  lieutenant-governor  shall  be  del 
termined  by  the  general  assembly,  in  such  manner  as  may  be  prescribes 
by  law.     (Art.  5,  Sec.  6,  Ind.  Con.     R.  S.  1914,  Sec.  132.) 


REGISTRATION  LAW 


(«») 


REGISTRATION   LAWS  OF  INDIANA. 


37. 


Registration  of  voters. 

Expense. 

Change  of  precincts. 

Registration  officers. 

Sessions. 

Books  and  blanks. 

Rooms — Notice  of  time  and   place  of 

registration. 
Who  entitled  to  register. 
Hours  for  receiving  registrations. 
Form  of  applications. 
Signature  of  applicant. 
Applications,    how   made,    registration 

by  mail. 
Registration  officers,  pay  of. 
Male  and  female  voters. 
Additional  clerks. 

Certified  copies  of  registration  books. 
Additional    compensation    to    County 

Auditor. 
Right  of  officers  to  make  arrests. 
False  registration. 
Unlawful   to    subscribe    name   of   any 

other  person. 


Sec. 

45. 
46. 


47. 
48. 


Penalty  for  neglect. 

Registration  blanks  furnished  In- 
spectors of  Election. 

Challenge  for  non-registration. 

Registration  in  cities  of  first  and 
second  classes. 

Repeal. 

Registration  in  wrong  precinct  — 
Statement  —  Penalty —  Re-registra- 
tion. 

Voter  registers  but  once — Exceptions. 

Separate  registration  for  women. 

Institution  and  operation  of  Regis- 
tration  Boards — Special   elections. 

Acts  for  registration  for  special  elec- 
tion validated. 

Penalty. 

Permanent  registration  in  1922 — Ses- 
sions for  re-registration. 

Removal  of  names  from  registration 
books. 

Section  not  operative. 


(Acts  1917— p.  443) 

25.  Registration  of  Voters. 

Section  1.  That  hereafter  it  shall  be  unlawful  for  any  person  to 
vote  at  any  general  election  held  in  this  state  unless  such  person  be  at 
the  time  of  such  election  a  registered  voter  under  the  requirements  of 
this  act.     (R.  S.  1921,  §6977x2.) 

26.  Expense. 

Sec.  2.  The  expense  of  registration  and  preparation  therefor,  as 
provided  for  herein,  shall  be  paid  out  of  the  county  treasury  by  the 
board  of  county  commissioners  as  election  expenses  are  paid;  and  the 
county  council  shall,  in  due  season,  make  the  necessary  appropriations 
therefor.     (R.  S.  1921,  §6977y2.) 

27.  Change  of  Precincts. 

Sec.  3.  Every  order  of  a  board  of  county  commissioners  in  any 
county  in  this  state  establishing,  changing,  or  dividing  election  precincts 
in  such  county  shall  be  made  not  later  than  their  March  session  in  any 
year  in  which  will  occur  a  general  election  to  be  held  on  the  first  Tues- 
day after  the  first  Monday  in  November.  The  precincts  shall  remain 
throughout  the  year  as  they  are  established  at  such  March  session,  or 
previously.  The  notice  required  by  law  of  the  establishments  of  precincts 
or  changes  of  boundary  shall  be  given  not  later  than  ten  (10)  days  after 
such  March  session,  if  it  has  not  been  previously  given:  Provided,  That 
in  any  case  where  the  board  of  county  commissioners  shall  adopt  the  use 
of  voting  machines  in  counties  where  machines  are  not  used  at  the 
time  of  the  passage  of  this  act,  the  precinct  boundary  lines  may  be  es- 
tablished, changed  or  modified  on  or  before  the  first  Monday  in  June,  but 
then  only  by  combining  two  (2)  or  more  precincts  into  one  (1).  (R.  S. 
1921,  §6977z2.) 


(126) 


126 

28.    Registration  Officers. 

Sec.  4.  In  each  calendar  year  in  which  will  occur  in  this  state  ; 
general  election,  to  be  held  on  the  first  Tuesday  after  the  first  Monda; 
in  November,  there  shall  be  appointed  two  (2)  registration  clerks  fo 
each  voting  precinct  in  the  several  counties  of  this  state,  and  in  prcj 
cincts  where  voting  machines  are  used  there  shall  be  appointed 
inspector  of  registration  in  addition  to  the  two  (2)  registration  clerki 
The  inspector  and  registration  clerks,  or  the  registration  clerks  so  a^ 
pointed,  as  the  case  may  be,  shall  convstitute  the  registration  board 
the  precinct  for  which  appointed.  The  inspectors  and  registration  cleri 
at  the  time  of  their  appointment  shall  be  voters  and  residents  of  th 
precinct  for  which  they  are  appointed.  The  clerks  shall  not  both  be  sn 
herents  of  the  same  political  party.  The  inspector  and  registratio 
clerks  of  the  precinct  shall  be  appointed  by  the  board  of  county  con 
missioners  not  less  than  five  (5)  days  before  the  day  of  registratioi 
The  county  chairman  of  each  of  the  political  parties  which  cast  th 
highest  and  next  highest  vote  respectively  in  the  county  at  the  last  pr< 
ceding  general  election,  shall  have  the  right  to  nominate  one  (1)  of  th 
clerks  of  registration  for  each  precinct,  provided  he  do  so  in  writi^ 
at  least  ten  (10)  days  before  the  session  of  the  board  at  which  th 
appointment  is  made,  and  the  board  of  county  commissioners  sha 
appoint  the  persons  so  nominated  respectively:  Provided,  That  if  eith 
or  both  of  the  chairmen  of  said  political  parties  should  fail  to  sonom 
nate,  then  the  board  of  county  commissioners  shall  appoint  the  clei 
or  clerks  without  such  nomination.  The  auditor  shall  immediately  notii 
the  members  of  the  registration  board  of  their  appointment.  The  ii 
specters  and  clerks  shall,  before  entering  upon  the  discharge  of  the; 
duties,  take  an  oath  in  writing  to  support  the  constitution  of  the  United 
States  and  of  the  State  of  Indiana,  and  to  faithfully  and  honestly  dii 
charge  their  duties  as  registration  clerks,  which  oath  shall  be  filed 
the  auditor's  office  of  the  county.  The  inspector  and  clerks  shall  hoi 
their  office  from  the  time  of  their  appointment  until  the  day  of  the  ensu- 
ing general  election.  The  members  of  such  registration  board  shall  be 
eligible  as  members  of  the  regular  election  board.     (R.  ,S.  1921,  §6977a3 


1 


i 


29.     Sessions. 

Sec.  5.  The  registration  board  of  each  precinct  of  this  state  shall 
hold  in  such  precinct  two  (2)  regular  sessions  in  each  year  in  which  a 
general  election  will  occur.  The  first  session  of  such  board  shall  be 
held  on  Saturday  the  fifty-ninth  (59th)  day  before  such  election,  and 
shall  be  known  as  its  September  session;  the  second  session  shall  be 
held  on  Monday  the  twenty-ninth  (29th)  day  before  such  election  and 
shall  be  known  as  its  October  session.     (R.  S.  1921,  §6977b3.) 


30.    Books  and  Blanks. 

Sec.  6.  The  auditor  of  each  county  shall  make,  or  cause  to 
made,  a  sufficient  number  of  blank  forms  of  registration  books,  bl 
applications  for  registration  and  other  necessary  stationery  to  supply 
each  and  every  election  precinct  of  his  county.  Ten  (10)  days  or  more 
before  the  session  of  the  registration  board  the  auditor  of  each  count 


J 

lanK 


127 

shall  deliver  to  the  registration  inspector  or  to  the  clerk-in-charge  of 
each  precinct  in  the  county  a  sufficient  number  of  blank  applications  for 
registration  and  other  necessary  stationery,  and  at  the  same  time  such 
auditor  shall  deliver  two  (2)  blank  forms  of  registration >ooks  to  each 
and  every  precinct  within  such  county.  Each  registration  book  shall  be 
covered  with  tag,  have  proper  caption,  with  blanks  to  adjust  it  to  any 
precinct,  and  shall  be  ruled  in  nine  (9)  columns,  headed,  respectively: 
Number;  name;  residence;  age;  where  bom;  when  came  to  the  United 
States;  when  and  where  naturalized;  when  and  where  declared  inten- 
tion; remarks;  and  shall  contain  a  sufficient  number  of  leaves  to  allow 
for  registration  of  all  voters  in  a  precinct,  with  the  memoranda  required 
to  be  made  after  the  names  as  elsewhere  provided  by  this  act,  and  also 
for  an  alphabetical  index  at  the  back  of  the  book  of  the  names  reg- 
istered, with  a  reference  to  their  numbers,  respectively.  The  applica- 
tion blanks  shall  be  of  such  form  as  are  suitable  for  their  purposes  imder 
the  provisions  of  this  act.     (R.  S.  1921,  §6977c3.) 

Note. — The  column  "when  and  where  declared  intention"  should  be  omitted  in  the 
registration  books  as  only  citizens  can  register. 

31.    Rooms — Notice  of  Time  and  Place  of  Registration. 

Sec.  7.  The  county  commissioners  of  each  county  in  the  state  shall, 
at  least  fifteen  (15)  days  before  the  session  of  the  board  of  registration 
provide  for  and  secure  in  each  precinct  of  the  county  a  suitable  room  in 
which  the  board  shall  sit  during  its  session,  and  if  practicable,  they 
shall  secure  the  same  room  for  both  sessions  of  the  registration  board 
and  also  the  same  room  in  which  the  election  is  to  be  held.  The  auditor 
of  each  county  shall  give  ten  (10)  days'  notice  of  the  time  and  place 
of  the  session  of  the  board  of  registration  by  one  (1)  publication  in 
each  of  two  (2)  newspapers  of  general  circulation  representing  the  two 
(2)  political  parties  which  cast  the  highest  vote  respectively  in  the 
county  at  the  last  preceding  general  election  printed  and  published  in  the 
county,  if  such  there  be,  and  he  shall  cause  to  be  prepared  and  delivered 
to  each  of  the  inspectors  or  to  the.  clerk-in-charge  of  each  precinct  in 
the  county,  at  least  ten  (10)  days  before  the  session  of  the  board  of 
registration,  at  least  fifteen  (15)  printed  forms  of  notice  of  the  time  and 
place  of  such  session,  with  blanks  therein  as  to  the  township,  precinct 
and  place  of  the  session,  so  that  by  filling  the  blanks  the  printed  notices 
may  be  suitable  for  any  precinct  in  the  coimty.  The  inspector  or  clerk- 
in-charge  of  the  precinct  shall  fill  the  blanks  in  writing,  properly  for  his 
precinct  and  at  least  eight  (8)  days  before  such  session  of  the  board 
post  the  same  in  at  least  five  (5)  public  places  in  the  precinct  and  in  as 
many  otiier  places  as  he  may  deem  proper,  or  cause  them  to  be  so  posted. 
The  notices  so  posted  shall  have  for  caption:  "Important  notice  to 
voters  of  registration."  In  the  body  of  the  notice  shall  be  stated  in 
effect  among  other  things:  "Every  voter  of  the  precinct  is  required 
to  register  either  at  the  September  session  of  the  registration  board 
held  on  Saturday,  the  59th  day  before  the  election,  or  on  Monday,  the 
29th  day  before  the  election.  If  any  such  voter  fails  to  register,  he 
will  have  no  right  to  vote  at  the  November  election."  It  shall  be  the 
duty  of  the  inspector  and  where  no  inspector  is  appointed  of  the  regis- 


128 

tration  clerk  representing  the  party  in  his  precinct  which  cast  the  high 
est  vote  for  secretary  of  state  in  the  county  at  the  last  preceding  genera 
election,  to  go  to  the  office  of  the  county  auditor  at  least  ten  (10)  day 
before  the  session  of  the  board,  and  receive  from  the  auditor  the  regis 
tration  books  and  the  registration  blanks  and  other  stationery  for  ead 
precinct.  When  he  has  received  the  registration  blanks,  he  may  plao 
portions  of  them  at  such  place  or  places  and  in  such  hands  in  the  pre 
cinct  so  that  voters  therein  may  conveniently  obtain  them  before  the 
day  of  registration.  He  shall  retain  a  sufficient  portion  in  his  own  hand 
to  deliver  to  voters  who  may  apply  for  them  before  such  date,  and  sha] 
retain  till  the  day  of  registration,  and  have  at  the  place  of  registratio: 
on  that  day,  a  sufficient  portion  to  supply  all  voters  of  the  precinct  th 
may  apply  for  them  there.  The  inspector  or  clerk-in-charge  shall  cause 
to  be  furnished  good,  plain  and  substantial  meals  during  the  time  the 
board  is  in  session,  which  meals  shall  be  charged  as  a  part  of  thei 
necessary  expenses  at  not  to  exceed  seventy-five  cents  (75c)  each  an 
shall  be  paid  for  like  other  election  expenses.     (R.  S.  1921,  §6977d3, 

32.  Who  Entitled  to  Register. 

Sec.  8.  At  the  session  of  the  board  of  registration  held  in  Sep 
tember  or  October  in  the  year  in  which  a  general  election  will  occu; 
every  person  who,  at  the  time  resides  in  the  precinct  in  which  he  applie 
for  registration,  and  who  will  be  of  the  age  of  twenty-one  (21)  years  q 
upward  at  the  next  ensuing  November  election,  and  is  a  citizen  of  th 
United  States,  or  if  not  a  citizen  of  the  United  States,  who,  if  he  cor 
tinue  to  reside  in  the  precinct  till  the  next  following  November  electio 
will  at  that  time  have  resided  in  the  State  of  Indiana  during  the  si 
(6)  months  and  in  the  United  States  during  the  one  (1)  year  immedj 
ately  preceding  such  election,  and  who  shall  have  resided  in  the  town 
ship  sixty  (60)  days  and  in  the  ward  or  precinct  thirty  (30)  days  befoi 
such  election,  if  he  continue  to  reside  in  such  precinct  until  such  electio: 
shall  be  entitled,  upon  proper  application,  to  be  registered  in  such  pn 
cinct.  No  other  person  or  persons  shall  be  entitled  io  be  so  registers 
Nothing  in  this  act  shall  be  construed  as  qualifying  or  attempting  t 
qualify  any  person  to  vote  at  any  election,  even  though  registered,  who 
would  not  be  so  qualified  if  there  were  no  registration  act  in  force  in 
this  state;  the  purpose  of  this  act  being  to  provide  for  and  require  reg- 
istration in  addition  to  the  requirements  of  the  election  laws  and  tl 
constitution  of  the  State  of  Indiana.     (R.  S.  1921,  §6977e3.) 

Note. — Only  citizens  can  register. 

33.  Hours  for  Receiving  Registrations. 
Sec.  9.    The  board  of  registration  shall  be  in  session  for  receiving 

applications  for  registration  and  registering  names  from  the  hour  of 
eight  (8)  o'clock  a.  m.  till  the  hour  of  nine  (9)  o'clock  p.  m.     When  the 
board  closes  its  session  for  the  receipt  of  applications,  it  shall  remain  in 
session  until  it  has  fully  completed  its  registration  books  and  signed 
and  certified  the  same,  and  done  the  other  things  required  in  this  ac 
When  the  board  opens  its  session  for  the  receipt  of  applications,  ea< 
clerk  of  the  board  of  registration  shall  take  one  (1)  of  the  registratic 


129 

books  and  register  therein  the  names  in  the  order  of  application,  and 
other  things  required  by  this  act.  The  names  of  male  and  female  voters 
shall  be  recorded  in  separate  parts  of  the  same  registration  book,  or  if 
OH  account  of  the  large  number  of  voters  in  separate  books.  (Acts  1920, 
p.  38.     R.  S.  1921,  §6977f8.) 

34.    Form  of  Applications. 

Sec.  10.  Before  any  applicant  shall  present  himself  or  send  his 
application  to  the  board  for  registration,  he  shall  make,  or  cause  to  be 
made  in  writing,  or  partly  in  writing  and  partly  in  print,  in  the  English 
language,  an  application  showing  the  following:  His  name;  that  he 
resides  in  the  precinct  in  which  he  desires  to  be  registered;  his  age  on 
the  last  preceding  anniversary  of  his  birthday;  if  bom  in  the  United 
States,  in  what  state,  territory  or  district  he  was  bom;  if  not  bom  in  the 
United  States,  in  what  country  he  was  bom;  if  foreign  bom,  whether 
he  has  been  naturalized  under  the  laws  of  the  United  States,  and,  if  so, 
when  and  where  naturalized;  if  foreign  bom  and  not  naturalized, 
whether  he  has  declared  his  intention  to  become  a  citizen  of  the  United 
States  conformably  with  the  laws  thereof  on  the  subject  of  naturaliza- 
tion; if  so,  when  and  where;  if  foreign  bom  and  not  naturalized,  when 
he  came  to  the  United  States;  at  what  place  or  places  he  has  resided 
during  all  the  time  since  the  last  day  of  the  preceding  registration,  and 
the  length  of  time  he  has  resided  in  each  place,  if  more  than  one.  In 
such  application,  it  shall  be  a  sufficient  showing,  if  situate  outside  of 
a  town  or  city,  if  it  show  the  postoffice  address  of  the  applicant,  and, 
if  inside  a  city  or  town,  if  it  show  the  street  and  street  number  of  the 
house  in  which  he  resides.  If  a  native-bom  applicant  or  a  citizen  of 
the  United  States,  by  reason  of  the  naturalization  of  his  father,  resid- 
ing outside  of  a  city  or  town  a  form  of  application  after  the  manner 
of  the  following  shall  be  sufficient: 

,  19.... 

My  name  is  John  Doe.  I  reside  in  precinct  No.  2,  Warren  township, 
Marion  county,  Indiana,  postoffice  address  R.  R.  No.  1.  I  was  fifty 
years  of  age  on  the  10th  day  of  January,  1912.  I  was  bom  in  the  State 
of  Ohio,  (or  my  father  was  naturalized  as  a  citizen  of  the  United  States 
when  I  was  a  minor). 

Signature 

If  a  foreign  bom  applicant,  who  has  not  been  naturalized,  but  has 
declared  his  intention,  and  resides  in  a  town  whose  houses  have  no 
street  numbers,  the  following  shall  be  a  sufficient  form: 

w  ,19.... 

B'    My  name  is  John  Doe.     I  reside  in  precinct  No.  2,  ward  No.  3  in 

%e  town  of   ,  in  Hancock  county,  Indiana,  125 

Spruce  street.  I  was  fifty  (50)  years  of  age  on  the  10th  day  of  Janu- 
ary, 1920.  I  was  bom  in  France.  I  arrived  in  the  United  States  on 
the  4th  day  of  September,  1918.  I  declared  my  intention  to  become  a 
citizen  of  the  United  States  comformably  to  the  laws  thereof  touching 
naturalization,  at  Columbus,  Ohio,  on  the  15th  day  of  September,  1918. 

9—22129  .     . 


130 

I  have  resided  in  the  United  States  continuously  since  October  31st  lai 

at  the  following  places:     From  October,  1918,  to  January  1,  1919,  a 

Columbus,  Ohio;  from  January  1,  1919,  to  February  1,  1920,  at  Cii 

cinnati,  Ohio;  from  Ferbuary  1,  1920,  until  the  present  time  at  the  pls^ 

where  I  now  reside. 

Signature 

(Acts  1919,  p.  742.     R.  S.  1921,  §6977g3.) 

Note. — The  person  that  has  only  declared   intention   cannot  register,   and  no  for 
therefor  is  required. 

35.  Signature  of  Applicant. 

Sec.  11.  Every  application  for  registration  shall  be  signed  with  tli 
name  of  the  applicant  in  his  own  handwriting  and  in  the  English  lal 
guage,  if  he  be  able  to  write  his  name  in  the  English  language,  and, 
not,  then  in  any  language  that  he  may  be  able  to  write.  If  he  is  m 
able  to  write  in  any  language,  he  may  procure  some  resident  of  tl 
township  to  write  his  name  for  him,  and  he  shall  make  his  mark.  Bi 
the  person  so  writing  his  name  shall  also  write  his  own  name  on  tl 
instrument  as  attesting  witness.  It  shall  be  unlawful  for  any  perso 
to  write  the  name  of  an  applicant  to  an  application  unless  he  is  pel 
sonally  acquainted  with  such  applicant,  and  if  he  writes  the  name  of 
applicant  to  an  application,  he  must  write  his  own  name  in  attestatioi 
(R.  S.  1921,  §6977h3.) 

36.  Applications — How  Made — Registration  by  Mail. 
Sec.  12.    Any  person  entitled  to  vote  at  such  election,  and  who 

required  under  the  provisions  of  this  act  to  register,  in  order  to  exerci 
such  right,  instead  of  registering  in  person  as  provided  herein,  mj 
make  an  application  similar  to  what  would  be  required  of  him,  if  he  we] 
applying  for  registration  in  person.     Such  application  shall  be  sign 
and  sworn  to  by  such  applicant,  before  any  officer  authorized  by  law 
administer  oaths  and  having  an  official  seal,  or  if  two  (2)  voters  resi< 
ing  in  said  precinct  shall  certify  on  said  application,  that  they  are  pe 
sonally  acquainted  with  such  applicant,  and  that  he  is  the  person 
represents  himself  to  be,  and  that  the  statements  in  his  application  a: 
to  their  personal  knowledge  true,  it  shall  not  be  necessary  for  such 
application  to  be  sworn  to  by  said  applicant.     Said  application  when  sc 
sworn  or  certified  to  may  be  delivered  to  the  board  of  registration  oi 
the  precinct  in  which  said  applicant  resides,  by  any  voter  of  the  precinct 
on  the  day  and  during  the  time  said  board  is  in  session  for  the  purpose 
of  receiving  applications  to  register,  or  said  application  may  be  mailed 
to  the  auditor  of  said  county  who  shall  deliver  the  same  to  the  inspectoi 
or  clerk-in-charge  of  said  board,  either  on  or  before  the  day  of  saic 
registration.     If  such  board  finds  that  such  application  conforms  to  the 
-provisions  of  this  act,  they  shall  place  the  name  of  such  applicant  or 
the  registration  books  of  said  precinct  in  the  same  manner  as  if  said 
applicant  had  appeared  in  person.    Any  person  who  shall  make  a  false 
statement  in  his  application  as  to  his  qualifications  as  a  voter  in  said 
precinct,  and  any  person  who  shall  certify  to  the  statements  contained  it 
said  application,  any  of  which  statements  are  false,  or  which  are  nol 
personally  known  to  said  person  to  be  true,  sh^ll  be  guilty  of  a  felo 


1 


131 

and  upon  conviction  shall  be  imprisoned  for  not  less  than  one  (1)  year, 
nor  more  than  two  (2)  years  and  fined  in  any  sum  not  exceeding  five 
hundred  dollars  ($500.00)  and  disfranchised  for  any  determinate  period. 
(Acts  1920,  p.  38.     R.  S.  1921,  §6977i3.) 

Note.— The  legislature  of  1921,  Acts  1921,  page  850,  attempted  to  amend  this  (12) 
section.  The  attorney-general  of  the  State  of  Indiana  held  that  the  amendment  failed 
because  it  was  not  included  in  the  title,  so  this  section  is  still  in  force. 

37.    Pay  of  Registration  Officers. 

Sec.  13.  The  inspector  of  registration  or  clerk-in-charge  shall  re- 
ceive for  each  registration  period  for  his  service  in  and  about  said  reg- 
istration performed  including  the  services  required  to  be  performed  by 
him  both  before  and  after  the  day  or  days  of  registration,  the  sum  of 
nine  dollars  ($9),  together  with  a  sum  equal  to  five  cents  (5c)  per  mile 
for  each  mile  of  the  shortest  distance  between  his  residence  and  the 
auditor's  office,  but  such  inspector  or  clerk  shall  be  entitled  to  such  per 
diem  as  aforesaid  for  procuring  and  returning  such  registration  books, 
only  in  the  event  that  he  actually  performs  such  services  in  person.  The 
clerks  of  such  board  shall  receive  for  all  services  performed  by  them 
the  sum  of  six  dollars  ($6)  each  for  each  registration  period.  (R.  S. 
1921,  §6977j3.) 

^  38.    Male  and  Female  Voters. 

Sec.  14.  The  words  "voter",  "applicant"  and  "elector"  and  the  per- 
sonal pronouns  used  in  connection  with  the  terms  "voter",  "applicant" 
or  "elector"  as  used  in  this  act  shall  mean  any  person,  male  or  female, 
who  shall,  by  any  law  of  the  State  of  Indiana,  have  the  right  to  vote 
at  any  election.  Any  voter  who  shall  have  registered  with  the  registra- 
tion board  as  hereinbefore  provided  and  whose  name  shall  have  been 
changed  by  marriage  or  divorce  or  court  decree  subsequent  to  such 
registration  and  prior  to  the  date  on  which  such  election  shall  be  held, 
in  order  to  be  entitled  to  vote  at  such  election,  shall  file  with  the  election 
board,  on  the  day  of  such  election,  and  before  receiving  her  ballot,  a 
•  certified  copy  of  the  court  decree  or  certificate  of  marriage  which  shall 
entitle  such  person  to  vote,  if  otherwise  qualified  and  which  shall  be 
preserved  by  the  registration  board  and  returned  to  the  county  auditor 
with  the  other  papers  returned  by  such  board.     (R.  S.  1921,  §6977k3.) 

39.  Additional  Clerks. 

Sec.  15.  Where  any  precinct  had  six  hundred  (600)  or  more  voters 
at  the  last  preceding  general  election  the  county  commissioners  are  au- 
thorized if  they  shall  deem  it  necessary  to  appoint  two  (2)  additional 
clerks  in  the  same  manner  as  the  other  clerks  are  selected  and  such 
additional  clerks  shall  receive  the  same  compensation  for  their  services 
as  the  other  clerks.     (R.  S.  1921,  §697713.) 

40.  Certified  Copies  of  Registration  Books. 

Sec.  16.  The  auditor  shall  have  made  and  certified  a  complete  copy 
of  the  names  on  the  registration  books  and  their  addresses  and  furnish  a 
copy  to  each  of  the  chairmen  of  the  parties  casting  the  highest  and  next 


132 

highest  vote  for  secretary  of  state  at  the  last  preceding  election  in  the 
county.  These  copies  shall  be  made  within  ten  (10)  days  after  each 
registration  period.     (R.  S.  1921,  §6977m3.) 

41.  Additional  Ckimpensation  to  County  Auditor. 

Sec.  17.  The  county  auditor  shall  receive  such  reasonable  compen- 
sation for  performing  the  duties  in  connection  with  the  registration  of 
voters  and  making  copies  of  the  registration  lists  in  his  county  as  the 
county  commissioners  may  approve.     (R.  S.  1921,  §6977n3.) 

42.  Right  of  Oflficers  to  Make  Arrests. 

Sec.  18.  Each  member  of  the  board  of  registration,  while  in  session, 
shall  be  a  conservator  of  the  peace,  and  shall  have  the  right  to  arrest 
any  person  who  creates  any  disturbance  in  or  around  the  room  of  the 
board,  or  offers  any  interference  with  the  work  of  the  board  or  people 
appearing  for  the  purpose  of  registration,  or  who  violates  any  law  of 
the  state  in  the  presence  or  hearing  of  the  board  and  he  shall  have  the 
right  to  command  bystanders  to  assist  in  making  such  arrest  and  in 
detaining  such  person  until  a  warrant  can  be  obtained  for  him.  (R.  S. 
1921,  §6977o3.) 

43.  False  Registration. 

Sec.  19.  It  shall  be  unlawful  for  any  person  who  is  not  a  voter,  and 
who  will  be  a  voter  at  the  next  ensuing  general  election,  to  apply  for 
registration  in  any  election  precinct  in  this  state,  or  to  procure  himself 
to  be  registered  thereat  as  a  voter;  and  it  shall  be  unlawful  for  any 
person  to  make  any  false  statement  in  any  application  that  he  may  pre- 
sent to  the  board  of  registration  for  the  purpose  of  procuring  himself  to 
be  registered,  and  it  shall  be  unlawful  for  him  to  present  any  applica- 
tion containing  a  false  statement.  Any  person  violating  any  of  the  pro- 
visions of  this  section  shall,  on  conviction,  be  imprisoned  not  less  than 
one  (1)  year  nor  more  than  five  (5)  years,  or  fined  in  any  sum  not  more 
than  five  hundred  dollars  ($500),  and  disfranchised  for  any  determinate 
period.     (R.  S.  1921,  §6977p3.) 

44.  Unlawful  to  Subscribe  Name  Any  Other  Person. 

Sec.  20.     It  shall  be  unlawful  for  any  person  to  subscribe  the  nam( 
of  any  other  person  to  any  application  for  registration,  in  any  precin 
of  this  state,  if  such  person  knows  such  application  to  contain  a  fal 
statement,  and  it  shall  be  unlawful  for  any  person  to  subscribe  the  nami 
of  any  other  person  to  any  such  application  for  registration,  without  writ- 
ing his  own  name  thereon  as  an  attesting  witness.    Any  person  convicted 
of  violation  of  any  provision  of  this  section  shall  be  imprisoned  not  less 
than  one  (1)  year  nor  more  than  five  (5)  years  or  fined  in  any  sum  not^ 
exceeding  five  hundred  dollars  ($500),  and  disfranchised  for  any  detei> 
minate  period.     (R.  S.  1921,  §6977q3.) 

45.  Penalty  for  Neglect. 
Sec.  21.    Any  member  of  the  board  of  registration  or  any  public 

officer,  upon  whom  any  duty  is  imposed  by  this  act,  who  shall  wilfullj 


133 

neglect  to  perform  such  duties,  or  do  any  act  prohibited  herein  for  which 
punishment  is  not  otherwise  provided,  shall  be  deemed  guilty  of  a  felony, 
and  upon  conviction  shall  be  punished  by  imprisonment  for  not  less  than 
six  (6)  months  nor  more  than  three  (3)  years,  or  by  a  fine  of  not  less 
than  fifty  dollars  ($50)  nor  more  than  five  hundred  dollars  ($500),  and 
be  disfranchised  and  rendered  ineligible  of  holding  any  office  for  any 
determinate  period,  not  less  than  five  (5)  years.     (R.  S.  1921,  §6977r3.) 

46.  Registration  Blanks  Furnished  Inspectors  of  Elections. 

Sec.  22.  At  the  time  ballots  and  other  election  supplies  are  received 
by  the  inspector  of  the  elections  for  the  November  election  he  shall  also 
receive  from  the  county  auditor  the  registration  blanks,  registration 
books  and  applications  and  affidavits  returned  by  the  registration  board, 
and  shall  have  these  present  at  the  election  precinct  on  the  day  of  the 
election,  and  within  three  (3)  days  thereafter  shall  return  them  to  the 
auditor's  office.     (R.  S.  1921,  §6977s3.) 

47.  Challenge  for  Non-Registration. 

Sec.  23.  In  addition  to  the  grounds  of  challenge  of  a  voter  or  pro- 
posed voter  at  the  election,  it  shall  hereafter  be  a  ground  of  challenge 
that  the  person  offering  to  vote  is  not  registered.  The  person  so  chal- 
lenged shall  not  be  permitted  to  vote  until  he  make  and  present  an  affi- 
davit that  he  is  registered  and  that  he  is  the  identical  person  who  is  reg- 
istered under  the  name  under  which  he  intends  to  vote.  Upon  such  chal- 
lenge, the  election  officers  of  the  precinct  shall  inspect  the  application  for 
registration,  and  if  they  be  satisfied  that  the  affidavit  of  such  person  is 
false,  they  shall  order  his  arrest  at  once:  Provided,  That  no  person  shall 
be  allowed  by  the  officers  to  vote  at  the  election  whose  name  is  not  regis- 
tered, even  though  there  be  no  challenge  on  that  ground.  (R.  S.  1921, 
§6977t3.) 

48.  Registration  in  Cities  of  First  and  Second  Class. 

Sec.  24.  In  an  election  in  any  city  of  the  first  or  second  class  of  this 
state,  there  shall  be  required  a  registration  of  voters  complying  with  the 
provisions  of  this  act;  except  that  in  the  registration  of  voters  therein 
the  clerks  of  registration  shall  be  appointed  by  the  clerk  of  the  city  and 
the  clerk  of  the  city  shall  perform  all  the  duties  required  by  this  act  of 
the  county  auditor.  The  duties  herein  required  of  the  board  of  commis- 
sioners shall  be  performed  by  the  city  council,  and  the  rights  of  nomina- 
tion of  registration  officers  by  chairmen  of  political  parties  of  the  county 
in  this  act  may  be  exercised  by  chairmen  of  the  city  committee  of  the 
political  parties,  if  such  there  be.  The  city  officers  shall  be  required  to 
perform  the  various  duties  herein  prescribed  for  the  county  officers  in 
whose  stead  they  act,  subject  to  the  same  penalties  and  provisions  herein 
prescribed  as  to  such  county  officers.  The  city  shall  appropriate  for  and 
defray  the  expense  of  such  registration,  in  the  same  manner  as  it  defrays 
the  expense  of  a  city  election.     (R.  S.  1921,  §6977u3.) 


134 

49.  Repeal. 

Sec.  25.  All  acts  and  parts  of  acts  in  conflict  herewith  are  hereby 
repealed.     (R.  S.  1921,  §6977v3.) 

50.  Registration    in    Wrong    Precinct — Statement — Penalty    for    False 
Statement — Re-Registration. 

Sec.  26.  Any  person  who  at  the  September  session  of  the  board  of 
registration  shall  have  by  mistake  registered  in  the  wrong  precinct,  and 
any  person  who  shall  have  registered  at  the  September  session  of  such 
board,  and  who  thereafter  shall  have  changed  the  place  of  his  residence 
to  any  other  precinct  in  the  same  township,  and  who  shall  be  entitled  to 
vote  at  the  election  for  which  such  registration  is  being  had,  may  regis- 
ter in  the  precinct  in  which  he  then  resides,  at  the  October  session  of  said 
board.  Said  person  shall  make  out  the  regular  application  for  registra- 
tion, required  by  this  act,  and  in  addition  he  shall  upon  a  blank  to  be 
furnished  him  by  the  board  of  registration,  show  the  previous  registration 
giving  the  number  or  the  name  of  the  precinct,  and  the  facts  as  to  how 
such  previous  registration  came  to  be  made,  which  statement  shall  be 
delivered  to  said  board  with  such  application.  Thereupon  said  board,  if 
such  application  and  statement  conforms  to  the  provisions  of  this  act, 
shall  place  the  name  of  such  applicant  on  the  registration  books  of  said 
precinct.  At  the  close  of  said  registration  said  board  shall  deliver  such 
statement  to  the  auditor  of  said  county,  who  shall  deliver  the  same  to  the 
inspector  of  the  precinct  in  which  such  person  was  first  registered,  when 
he  delivers  the  election  supplies,  and  such  auditor  shall  make  a  note  in 
red  ink  on  both  of  the  registration  books  of  the  precinct  in  which  such 
person  was  first  registered,  opposite  the  name  of  the  person  thereon 
calling  attention  to  such  statement. 

Such  statement  may  be  substantially  in  either  of  the  following 
forms: 

:.,19 

At  the  September  session,  19 ,  of  the  board  of  registration,  I  by 

mistake  registered  in precinct,  ward, 

city  or  town, township, 

county,  Indiana,  when  at  such  time  I  was  and  am 

now  a  legal,  voter  in precinct, ward, 

city  or  town, township, 

county,  Indiana. 


Or  such  statement  may  be  substantially  in  the  following  form: 

,  19 

At  the  September  session,  19 ,  of  the  board  of  registration,  I  was 

a  legal  voter  in precinct,  ward,  

city  or  town, towTiship, county,  Indiana,  and  I 

duly  registered  in  said  precinct,  at  said  session  of  said  board.  Since 
doing  so  I  have  changed  my  place  of  residence,  and  I  now  reside  in 
precinct,  in  the  same  township,  county  and  state. 


135 

Any  person  who  at  the  October  session  of  the  board  of  registration 
shall,  by  mistake,  have  registered  in  the  wrong  precinct,  and  who  shall 
otherwise  be  entitled  to  vote  at  the  election  for  which  such  registration 
shall  have  been  had,  may  be  registered  in  the  correct  precinct  by  the 
auditor  of  the  county  of  which  such  person  is  a  resident,  in  the  manner 
hereinafter  provided,  and  at  any  time  after  such  October  session  and  up 
to  and  including  the  tenth  day  prior  to  the  day  on  which  such  election  is 
held.  Such  person  shall  make  out  the  regular  application  for  registration 
required  by  this  act,  and,  in  addition,  he  shall,  upon  a  blank  to  be  fur- 
nished him  by  the  auditor,  show  his  previous  registration,  giving  the 
number  and  name  of  the  precinct,  and  the  facts  as  to  how  previous  reg- 
istration came  to  be  made,  which  statement  shall  be  delivered  to  the 
auditor  along  with  the  application.  If  such  application  and  statement 
conforms  to  the  provisions  of  this  act,  the  auditor  shall  thereupon  place 
the  name  of  such  applicant  on  the  registration  books  of  the  proper  pre- 
cinct, and  the  auditor  shall  deliver  such  statement  to  the  inspector  of  the 
precinct  in  which  such  person  was  first  registered,  when  he  delivers  the 
election  supplies,  and  such  auditor  shall  make  a  note  in  red  ink  on  both 
of  the  registration  books  of  the  precinct  in  which  such  person  was  first 
registered  opposite  the  name  of  the  person  thereof,  calling  attention  to 
such  statement. 

Such  statement  may  be  substantially  in  the  following  form: 

,  19..... 

At  the  October  session,  19....,  of  the  board  of  registration,  I  by 

mistake  registered  in precinct, ward,  

city  or  town,  township,  county,  Indiana,  when 

at  such  time  I  was  and  am  now  a  legal  voter  in precinct, 

ward, city  or  town, township, 

county,  Indiana. 


Any  person  who  shall  make  or  present  any  such  statement  which  is 
false,  shall  be  guilty  of  a  felony  and  upon  conviction  shall  be  imprisoned 
for  not  less  than  one  (1)  year,  nor  more  than  two  (2)  years  and  fined  in 
any  sum  not  exceeding  five  hundred  dollars  ($500)  and  disfranchised  for 
any  determinate  period. 

Any  person  who  at  the  October  session  of  the  board  of  registration 
shall,  by  mistake,  have  registered  in  the  wrong  precinct,  and  who  shall 
otherwise  be  entitled  to  vote  at  the  election  for  which  such  registration 
shall  have  been  had,  but  who  is  not  aware  that  he  has  registered  in  the 
wrong  precinct  until  he  presents  himself  to  vote  at  the  ensuing  general 
election,  may  be  registered  and  permitted  to  vote  in  the  correct  precinct 
in  the  manner  hereinafter  provided.  Such  person  shall  make  out  the  reg- 
ular application  for  registration,  required  by  this  act,  and,  in  addition, 
he  shall  procure  from  the  election  board  of  the  precinct  in  which  he  is 
wrongfully  registered  a  statement,  signed  by  the  judge  and  each  of  the 
clerks,  setting  forth  the  fact  that  such  person  is  registered  in  such  pre- 
cinct, and  he  shall  likewise  procure  a  statement  signed  and  sworn  to 
by  two  qualified  voters  of  the  precinct  in  which  such  person  is  entitled 


136 

to  vote,  setting  forth  that  such  person  is  the  person  he  represents  him- 
self to  be,  that  he  is  a  resident  of  such  precinct  and  that  he  has  resided 
therein  a  sufficient  length  of  time  to  qualify  him  to  vote  therein.  Upon 
the  presentation  of  the  application  for  registration,  the  statement  pro- 
cured from  the  election  board  of  the  precinct  in  which  he  is  wrongfully 
registered  and  the  statement  signed  by  the  two  resident  voters  of  the 
precinct  in  which  he  offers  to  vote,  such  person's  name  shall  thereupon  be 
entered  in  the  registration  books  of  such  precinct  and  he  shall  be  per- 
mitted to  vote  therein.  (As  amended,  Acts  1921,  page  56.  R.  S.  1921, 
§6977z3.) 

51.  Voter  Registers  But  Once  — Exceptions. 

Sec.  27.  It  shall  be  unlawful  for  any  person  to  register  at  any  such 
registration  more  than  once  in  any  precinct,  or  in  more  than  one  precinct 
except  as  authorized  by  this  act  in  case  of  a  mistake  or  removal.  It 
shall  be  unlawful  for  any  person  to  present  or  file  the  application  of  any 
person  for  registration  who  has  already  been  registered,  except  as  au- 
thorized by  this  act  in  case  of  a  mistake  or  removal.  Any  person  viol;at- 
ing  any  of  these  provisions  of  this  section,  shall  upon  conviction  be  im- 
prisoned not  less  than  one  (1)  year  nor  more  than  two  (2)  years,  or 
fined  in  any  sum  not  less  than  fifty  dollars  ($50)  nor  more  than  five  hun- 
dred dollars  ($500),  and  disfranchised  for  any  determinate  period. 
(Acts  1920,  approved  July  21,  1920.    R.  S.  1921,  §6977a4.) 

52.  Separate  Registration  for  Women. 

Sec.  28.  Prior  to  any  presidential  election  for  which  male  voters  are 
required  to  register,  women  citizens  shall  also  register  in  the  same  place 
and  manner  as  male  voters,  provision  being  made  for  women  citizens  to 
register  separately  by  those  whose  duty  it  is  to  provide  for  registration 
of  male  voters.     (Acts  1919,  page  5.    R.  S.  1921,  §6976c.) 

53.  Institution  and  Operation  of  Registration  Boards — Special  Elections. 

Sec.  29.  That  whenever  any  special  election  shall  have  been  called; 
and  the  date  thereof  fixed,  at  which  all  voters,  who  are  entitled  by  law  to 
vote  on  the  question  or  for  the  candidates  whose  names  appear  on  the  bal- 
lot at  said,  election,  must  cast  their  ballots  in  accordance  with  the  qualifi- 
cations for  voters  at  general  elections  as  provided  for  by  law  for  general 
elections,  it  is  hereby  declared  to  be  the  duty  of  all  public  officials  or  offi- 
cers, charged  with  the  responsibility  of  initiating,  instituting  or  putting 
in  operation  the  registration  machinery  and  facilities  as  provided  by  law 
for  general  elections,  to  at  once  proceed  to  initiate,  institute,  appoint, 
organize  and  put  in  operation  complete  registration  boards  and  facilities 
for  the  purposes  of  such  special  election  in  accordance  with  the  provisions 
of  law  governing  registration  for  general  elections:  Provided,  That  the 
same  shall  be  done  in  sufficient  time  to  allow  for  a  full  period  of  sixty 
(60)  days  for  such  registration,  the  end  of  which  period  shall  be  on  the 
fifth  (5)  Monday,  by  retrogression,  preceding  such  special  election:  Pro- 
vided, That  no  voter  shall  be  eligible  to  vote  at  such  special  election, 
unless  qualified  under  the  registration  laws  in  effect  at  the  time  of  such 


137 

special  election:  Provided,  That  nothing  in  this  act  shall  be  construed  to 
apply  to  county,  township  or  city  elections,  or  to  election  of  successors  to 
fill  unexpired  terms  as  is  now  provided  for  by  law.  (R.  S.  1921, 
§6977u2.) 

54.  Acts  for  Registration  for  Special  Election  Validated. 

Sec.  30.  All  provisions  in  this  act  fixing  periods  of  time  for  regis- 
tration for  certain  elections,  and  all  appointments  of  registration  boards 
and  clerks  made  by  public  officials  or  officers  charged  with  the  responsi- 
bility of  initiating,  instituting  and  putting  in  operation  the  registration 
machinery  and  facilities  as  provided  by  law  for  general  elections,  shall  be 
valid  against  any  other  provisions  or  dates  fixed  by  any  other  prior  en- 
acted law.     (R.  S.  1921,  §6977v2.) 

55.  Penalty. 

Sec.  31.  Any  member  of  the  registration  board  or  any  public  official 
or  officer,  upon  whom  any  duty  is  imposed  by  this  act,  who  shall  wilfully 
neglect  to  perform  such  duties,  shall  be  deemed  guilty  of  a  felony,  and 
upon  conviction  shall  be  punished  in  the  manner  prescribed  by  law  gov- 
erning registration  for  general  elections.     (R.  S.  1921,  §6977w2.) 

56.  Permanent  Registration  in  1922 — Sessions  for  Re- Registration. 

Sec.  32.  Except  as  hereinafter  provided,  the  registration  books  of 
each  and  every  precinct  in  this  state,  as  compiled  in  the  year  1922,  shall 
be  deemed  to  constitute  a  permanent  registration  record  of  all  voters 
resident  within  such  precinct  and  entitled  to  vote  therein,  and  any  voter, 
resident  within  any  such  precinct,  whose  name  appears  on  the  registra- 
tion books  of  his  precinct,  shall  not  be  required  to  register  again  if  he 
continues  to  reside  in  the  same  precinct  in  which  he  is  registered,  and  if 
he  shall  not  be  disfranchised  for  any  cause  prescribed  in  the  laws  of  the 
State  of  Indiana:  Provided,  That  if  a  petition  signed  by  at  least  three 
hundred  (300)  resident  freehold  voters  of  any  county  of  this  state  shall 
be  filed  with  the  Auditor  of  such  county  not  later  than  the  first  day  of 
June  of  any  year  in  which  a  general  election  will  occur,  there  shall  be 
held  in  each  precinct  of  such  county  a  session  of  the  board  of  registra- 
tion on  the  fifty-ninth  (59th)  day  and  on  the  twenty-ninth  (29th)  day 
before  such  election  in  the  manner  hereinbefore  provided  in  this  act,  and 
every  voter  who  is  a  resident  of  any  precinct  in  any  such  county  shall  be 
required  to  register  in  the  manner  hereinbefore  provided  in  this  act  and 
any  voter  who  shall  not  be  so  registered  at  a  session  of  the  registration 
board  in  such  county  prior  to  the  general  election  next  ensuing  shall  have 
no  right  to  vote  at  such  election.  If  no  such  petition  shall  be  filed  in  any 
county,  there  shall  be  one  session  of  the  Registration  Board  only  in  each 
precinct  in  such  county  and  such  session  shall  be  held  on  the  twenty- 
ninth  (29th)  day  before  such  election,  but  no  voter  whose  name  appears 
on  the  registration  books  of  such  precinct  shall  be  required  to  register 
again.  At  such  session,  the  Registration  Board  shall  receive  applications 
for  registration  in  the  manner  provided  for  in  this  act;  they  shall  likewise 
strike  off  of  the  registration  books  the  names  of  all  voters  who  have 


138 

moved  out  of  the  precinct  or  who  have  died  or  who  have  been  disfran- 
chised. For  the  purpose  of  accurately  ascertaining  the  names  of  all 
voters  who  have  died  since  the  last  preceding  general  election,  it  shall  be 
the  duty  of  the  County  Auditor  of  each  and  every  county  of  this  state  to 
obtain  from  the  county  health  commissioners  of  his  county  and  from  the 
board  of  health,  or  boards  of  health,  or  the  health  officer  or  health  officers 
of  such  cities  and  towns  as  may  be  situated  wholly  or  partly  within  such 
county  a  certified  list  of  the  names  and  last  known  addresses  of  all  per- 
sons of  the  age  of  twenty-one  (21)  years  and  upwards  who  voted  in  any 
precinct  of  such  county  at  the  last  preceding  general  election,  and  whose 
deaths  have  occurred  or  for  whom  a  burial  permit  has  been  issued  within 
such  county  since  the  registration  books  were  last  used  for  the  identifica- 
tion of  voters.  Such  health  commissioner,  boards  of  health  or  health  offi- 
cers shall  be  required  to  furnish  the  County  Auditor,  on  application,  with 
an  authentic  certified  list  of  the  names  of  all  deceased  persons,  or  such 
persons  for  whom  such  certificates  have  been  issued.  The  Auditor  of  the 
county  shall  in  a  similar  manner  obtain  a  certified  list  of  the  names  and 
last  known  addresses  of  all  persons  who  have  been  disfranchised  while 
residents  of  such  county,  since  the  last  preceding  general  election  from 
the  clerk  of  the  circuit  or  superior  or  criminal  court,  of  that  county.  The 
Auditor  of  the  county  shall  ascertain  the  precinct  of  his  county,  if  any,  in 
which  any  or  all  of  such  deceased  or  disfranchised  persons  voted  at  the 
last  general  election  next  preceding  and  shall  certify  the  names,  accord- 
ingly, to  the  Registration  Board  of  such  precincts  not  later  than  three  (3) 
days  preceding  the  day  on  which  the  regular  session  of  the  Registration 
Board  is  held.  Any  voter  or  voters  in  any  precinct  may  make  application 
in  writing,  before  the  Registration  Board  of  such  precinct  at  any  time 
during  the  session  of  such  board  to  have  any  name  upon  the  permanent 
registration  books  of  such  precinct  stricken  off.  Such  application  shall 
be,  in  substance,  as  follows: 

I  (or  we) do  hereby  solemnly  swear 

(or  affirm)  that  I  (or  we)  believe  that 

is  not  a  qualified  voter  in .precinct,  or  has  moved  out  of  such 

precinct,  and  I  (or  we)  ask  that  his  name  be  stricken  from  the  registra- 
tion books  of  such  precinct. 

Such  application  shall  be  signed  and  sworn  to  by  the  applicant  or 
applicants  and  filed  with  the  board  and  upon  receipt  of  such  application 
and  if  the  truth  of  the  statements  therein  alleged  shall  be  made  to  appear 
to  the  board,  the  board  shall  strike  such  name  from  the  registration  books 
of  such  precinct.  The  Registration  Board  shall  likewise  compile  new  reg- 
istration books  for  such  precinct  to  be  used  for  the  identification  of  voters 
at  the  ensuing  general  election  by  transferring  thereto  and  entering 
therein  the  names  of  all  voters  who  apply  for  registration,  together  with 
the  names  of  all  voters  which  have  not  been  stricken  off  of  the  registra- 
tion books  used  for  the  identification  of  voters  at  the  last  preceding 
general  election,  and  the  registration  books  so  compiled  shall  be  deemed 
to  constitute  the  official  registration  books  of  such  precincts. 

The  Auditor  of  the  county  shall  keep  such  registration  books  and 


139 

packages  in  his  office  in  such  place  or  receptacles  that  they  will  be  secure. 
He  shall  in  no  event  allow  any  of  them  to  be  taken  from  his  office  except 
as  provided  by  this  act,  but  at  least  one  of  the  registration  books,  to- 
gether with  all  affidavits  securely  bound  together,  shall  be  open  to  ex- 
amination by  the  public  and  to  be  copied  from  as  any  other  public  record, 
and  the  Auditor  shall  be  responsible  for  the  safe  keeping  and  preserva- 
tion thereof.     (R.  S.  1921,  §6977w3.) 

57.     Removal  of  Names  from  Registration  Book. 

Sec.  33.  If  one  or  more  electors  of  any  election  precinct  have  reason 
to  believe  that  a  person,  whose  name  appears  upon  any  registration 
books  made  for  the  registration  of  electors  for  any  election,  by  reason 
of  death  or  removal  is  no  longer  entitled  to  vote  therein,  he  or  they  may 
apply  in  writing  to  any  judge  of  the  circuit,  superior  or  probate  courts 
of  the  county  in  which  the  election  precinct,  upon  the  register  of  which 
such  name  appears,  is  situated,  for  an  order,  to  strike  the  name  of  such 
person  from  the  register.  Such  application  shall  not  be  made  later  than 
ten  days  preceding  such  election.  At  the  time  of  so  applying  they  shall 
present  to  the  said  judge  an  affidavit  signed  by  one  or  more  of  them, 
setting  forth  their  reasons  for  believing  that  the  said  person  is  not  enti- 
tled to  vote.  Said  judge  shall  forthwith  consider  said  application,  and  if 
he  shall  determine  from  said  affidavit  or  other  evidence  that  there  is 
reasonable  ground  for  believing  that  said  person  is  not  entitled  to  vote 
in  said  precinct,  he  shall  forthwith  cause  notice  of  said  application  to  be 
served  by  the  sheriff  upon  the  person;  if  the  person  be  not  found,  then 
notice  shall  be  served  by  leaving  a  copy  thereof  at  the  place  which  ap- 
pears from  the  registration  books  to  be  his  residence.  Return  thereof 
shall  be  made  within  forty-eight  hours.  Said  notice  shall  briefly  state 
the  substance  of  the  said  application  and  shall  order  such  person  to  ap- 
pear before  said  judge  either  in  person  or  by  representative  in  the  court 
house  of  the  county  in  which  such  voting  precinct  is  situated,  at  an  hour 
to  be  named  therein,  which  shall  be  not  less  than  two  days  nor  more  than 
five  days  after  service  of  such  notice.  At  the  hour  named  for  the  appear- 
ance of  such  person,  the  said  judge  shall  summarily  proceed  to  investigate 
whether  such  person  is  entitled  to  testify  in  regard  thereto.  If  the  judge 
shall  find  that  said  person  is  not  entitled  to  vote,  he  shall  order  such 
name  to  be  stricken  from  the  register  by  an  order  directed  to  the  election 
inspector  of  said  precinct,  which  order  shall  be  served  by  the  sheriff  or 
coroner  and  can'ied  into  effect  by  said  election  inspector  upon  the  evening 
of  the  day  before  said  election  takes  place,  unless  changed,  as  hereinafter 
directed.  As  to  all  persons  wHo  have  not  been  personally  served,  or  have 
not  entered  their  appearance  such  persons  shall  have  the  right  to  apply 
to  said  judge  at  any  time  before  four  o'clock  p.  m.  on  the  day  preceding 
the  election  to  have  said  order  set  aside,  and  if,  upon  the  hearing  of 
said  application,  the  said  judge  shall  be  of  the  opinion  that  said  person 
was  entitled  to  vote  he  shall  set  aside  said  order  and  shall  cause  notice 
thereof  to  be  served  upon  the  election  inspector.  The  fees  of  the  sheriff, 
clerk  01^  coroner,  shall  be  the  same  as  are  allowed  in  civil  cases.  The 
costs  of  such  proceeding  shall  be  paid  by  the  electors  making  the  ap- 


140 

plication  in  the  event  a  final  order  is  not  made  granting  the  application; 
otherwise  the  costs  of  such  proceeding  shall  be  taxed  against  the  county 
and  paid  as  part  of  the  election  expenses.  Said  judge  upon  the  appli- 
cation of  the  chairman  of  any  political  party  having  a  ticket  on  the 
official  ballot  to  be  voted  at  such  election,  shall  appoint  special  deputy 
sheriffs  to  be  nominated  by  such  chairman,  and  who  shall  have  author- 
ity to  serve  and  return  such  notices.  The  return  of  such  notices  shall 
be  supported  by  the  oath  by  the  person  making  such  service,  whether 
he  be  a  sheriff  or  a  special  deputy.  All  such  special  deputies  shall  be 
paid  by  the  committee  whose  chairman  nominated  him  for  appointment, 
but  he  shall  not  be  paid  more  than  ten  dollars  per  day  for  his  services 
and  expenses  as  special  deputy  sheriffs.  (Acts  1921,  p.  849.  R.  S.  1921, 
§6977x3.) 

58.     Voters  Not  Required  to  File  Application  in  Person. 

Sec.  34.  Any  person  entitled  to  vote  at  such  election,  and  who  is 
required  under  the  provisions  of  this  act  to  register,  in  order  to  exercise 
such  right,  instead  of  registering  in  person  as  provided  herein,  may 
make  an  application  similar  to  what  would  be  required  by  him,  if  he 
were  applying  for  registration  in  person.  Such  application  shall  be 
signed  by  the  applicant.  Said  application  when  so  signed  may  be  de- 
livered to  the  Board  of  Registration  of  the  precinct  in  which  said  appli- 
cant resides,  by  any  voter  of  the  precinct  on  the  day  and  during  the 
time  said  board  is  in  session  for  the  purpose  of  receiving  applications 
to  register,  or  said  application  may  be  mailed  to  the  auditor  of  said 
county  who  shall  deliver  the  same  to  the  inspector  or  clerk-in-charge  of 
said  board,  either  on  or  before  the  day  of  said  registration.  If  such 
board  finds  that  such  application  conforms  to  the  provisions  of  this  act, 
they  shall  place  the  name  of  such  applicant  on  the  registration  books  of 
said  precinct  in  the  same  manner  as  if  said  applicant  had  appeared  in 
person.  Any  person  who  shall  make  a  false  statement  in  his  application 
as  to  his  qualifications  as  a  voter  in  said  precinct,  shall  be  guilty  of 
a  felony,  and  upon  conviction  shall  be  imprisoned  for  not  less  than  one 
(1)  year,  nor  more  than  two  (2)  years  and  fined  in  any  sum  not  exceed- 
ing five  hundred  dollars  ($500)  and  disfranchised  for  any  determinate 
period.     (Acts  1921,  p.  850.     R.  S.  1921,  §6977y3.) 

Note. — The  attorney-general  of  the  State  of  Indiana,  in  an  opinion  rendered  March 
9,  1921,  held  that  this  section  was  not  operative  for  the  reason  that  it  is  not  included 
in  the  title.      (See  §697718,  supra.) 


ABSENT  VOTER'S  LAW 


(141) 


CHAPTER  11. 
ABSENT  VOTER'S  LAW. 

SEC.  SEC. 

63.  Voters  absent  on  election  day.  75.    Deceased  voter's  ballot. 

64.  Application  for  absent  voter's  ballot.         76.    Absent    voter's    ballot — How    counted 

65.  Blank    furnished    by    clerk  —  Form —  on  the .  voting  machine. 

Oath.  77.    Refusal  to   vote  or   cast  ballot — Pen- 

66.  Duty   of  clerk.  alty. 

67.  Ballots    mailed    or    delivered — Clerk's         78.    Act  supplementary. 

seal.  79.     Return  of  voter. 

68.  Ballot  enclosed  in  envelope — Affidavit.  80.    Elector    to    vote    in    own    precinct — 

69.  Affidavit     of    absent    voter — Marking  Time   for   receiving   absent  voter's 

ballot — Return.  ballot. 

70.  Marking  ballot  with  pen,  ink  or  any  81.    Ballots,   official — Record  and  delivery. 

colored   lead   pencil.  82.  Voting  in  person  before  clerk. 

71.  Ballot  sealed — Endorsement.  83.  Right  of  elector  who  returns  in  time 

72.  Delivery  to  inspector.  to  vote  in   person. 

73.  Canvass  of  ballots.  84.  Ballots  —  Number  —  Printing  —  Dis- 

74.  Challenge  of  vote.  tribution. 

[Approved  March  14,  1919.] 

63.  Voters  Absent  on  Election  Day. 

Sec.  1.  That  any  qualified  elector  of  the  State  of  Indiana,  having 
duly  registered,  when  such  registration  is  required,  who  by  reason  of  ill- 
ness or  the  nature  of  his  business  or  other  unavoidable  cause  is  absent 
or  expects  to  be  absent  from  the  county  in  which  he  is  a  qualified  elector 
on  the  day  of  holding  any  general,  special,  primary  or  municipal  elec- 
tion, or  who  because  of  illness,  may  be  unable  to  attend  the  polls,  may 
vote  at  any  such  election  as  hereinafter  provided.  However,  the  provi- 
sions of  this  act  shall  not  apply  to  any  elector  who  resides  temporarily 
out  of  said  precinct,  but  shall  only  apply  to  electors  necessarily  absent 
on  election  day  by  reason  of  their  business  or  employment.  (R.  S.  1921, 
§6927a.) 

64.  Application  for  Absent  Voter's  Ballot. 

Sec.  2.  An  elector  as  designated  in  section  one  (1)  of  this  act  ex- 
pecting to  be  absent  from  the  county  of  his  residence  on  the  day  of  any 
general,  special,  primary  or  municipal  election  may,  not  more  than 
thirty  (30)  days  nor  less  than  two  (2)  days  prior  to  the  date  of  any  such 
election,  make  application  to  the  clerk  of  the  circuit  court  of  the  county, 
or  the  clerk  of  the  city  or  town  in  which  his  precinct  is  situated,  as  the 
case  may  be,  for  an  official  absent  voter's  ballot  or  ballots  to  be  voted 
at  such  election.     (R.  S.  1921,  §6927b.) 

[Approved  March  7,  1917.] 

65.  Blank  Furnished  by  Clerk— Form  Oath. 

Sec.  3.  Application  for  absent  voter's  ballots  shall  be  made  in  per- 
son or  by  mail  on  a  blank  to  be  furnished  by  the  clerk  of  the  circuit 
court  of  the  county  in  which  the  applicant  is  a  qualified  elector.  Such 
blank  shall,  upon  request,  be  sent  to  the  applicant  by  mail  by  such 
clerk  or  delivered  to  such  applicant  in  person  upon  his  appearance  at 

(143) 


144 

the  office  of  such  clerk.  Applications  for  absent  voter's  ballots  shall  be 
substantially  in  the  following  form,  and  shall  be  signed  and  sworn  to 
by  the  applicant,  as  hereinafter  provided,  before  some  officer  authorized 
by  law  to  administer  oaths  and  having  an  official  seal.  If  the  applicant 
appears  in  person  at  the  office  of  the  clerk  of  the  circuit  court  such 
clerk  shall  administer  the  necessary  oath. 

Application  for  absent  voter's  ballot  to   be  voted  at  the  election 

to  be  held  on 

,19 ,  State  of 

,  County  of   ss 

I,    ,  do  solemnly  swear   (or  affirm)   that 

I  have  been  a  resident  of  the  State  of  Indiana  for  six  (6)  months,  and 

of township,   county  for 

sixty   (60)   days,  and  of  the precinct  of 

township  or  of  the precinct 

of  the ward  of  the  city  of 

for  thirty  (30)  days  next  preceding  this  election;  and  that  I  am  a  duly 
qualified  elector  entitled  to  vote  in  such  precinct  at  such  election;  and 
that  I  am  registered  in  the  precinct  of  my  residence  as  provided  by  law; 
or  that  I  shall  have  attained  the  age  of  twenty-one  (21)  years  prior  to 

such ' election;  and  shall  be  entitled  to  vote 

at  such  election.     (In  case  of  voters  who  are  for  the  first  time  exercising 

the  right  of  suffrage.)     That  I  am (stating  business) 

and  that  because  of  the  nature  of  my  business  or  employment  or  for  the 

following  reason (relating  unavoidable  cause  of  absence) 

I  expect  to  be  absent  from  the  county  of  my  residence  on 

the  date  of  such election,  and  I  hereby  make  appli- 
cation for  an  official  ballot  or  ballots,  if  more  than  one  (1)  is  to  be 
used,  to  be  voted  by  ipae  at  such  election,  and  that  I  will  return  such 
ballot  or  ballots  to  the  officer  issuing  them  on  or  before  the  day  of  such 
election.  If  application  is  made  for  a  primary  ballot,  the  applicant,  un- 
less he  has  not  previously  exercised  the  right  of  suffrage,  shall  also  desig- 
nate the  party  whose  candidate  he  expects  to  vote  for,  and  shall  also 
state  that  at  the  last  preceding  general  election  he  voted  for  a  majority 
of  the  candidates  of  such  party. 

Date 

Signed 

Home  address  of  applicant 

Postoffice  address  to  which  ballot  is  to  be  sent 

Subscribed  and  sworn  to  before  me  this day  of 

". ,  A.  D.  191 

Official  Title. 
(R.  S.  1921,  §6927c.) 

66.    Duty  of  Clerk. 

Sec.  4.  Upon  receipt  of  such  application,  the  clerk  of  the  circuit 
court  with  whom  such  application  is  filed  shall  file  the  application  in 
his  office  and  enter  the  name  of  the  election   [elector],  the  address  to 


145 

which  the  ballot  or  ballots  are  to  be  sent,  the  date  of  receiving  the 
application,  the  date  of  mailing  the  ballot  or  ballots  to  such  elector, 
as  hereinafter  provided,  the  date  of  receiving  the  ballot  or  ballots  from 
such  elector,  and  such  other  information  as  may  seem  necessary  or 
advisable  upon  a  list  to  be  kept  for  that  purpose.  Such  clerk  shall 
keep  a  separate  list  or  record  for  each  voting  precinct  in  the  county. 
(R.  S.  1921,  §6927d.) 

[Approved  March  14,  1919.] 

67.  Ballots  Mailed  or  Delivered— Clerk's  Seal. 

Sec.  5.  The  clerk  of  the  circuit  court  of  the  county  in  which  said 
applicant  is  a  qualified  elector,  shall,  on  the  15th  day  prior  to  the  elec- 
tion at  which  such  absent  voter's  ballot  is  to  be  used,  but  not  before 
said  15th  day,  mail  to  all  applicants  who  have  executed  and  filed  their 
application  on  or  before  said  15th  day,  postage  prepaid,  at  the  address 
named  in  the  application,  an  official  ballot  or  ballots,  if  more  than  one 
(1)  are  to  be  voted  at  such  election;  or  the  applicant  may  obtain  such 
ballot  or  ballots  by  applying  personally  at  the  office  of  such  clerk  of  the 
circuit  court  not  more  than  ten,  (10)  days  not  less  than  one  (1)  secular 
day  before  such  election;  or  such  clerk  may  deliver  such  ballot  or  bal- 
lots at  the  clerk's  office,  to  the  applicant  personally  or  to  a  duly  author- 
ized agent  of  such  applicant,  not  more  than  ten  (10)  nor  less  than  one 
(1)  secular  day  before  such  election.  The  clerk  of  said  circuit  court  shall, 
on  each  and  every  day  after  said  15th  day  until  and  including  the  second 
day  before  the  election  at  which  such  absent  voter's  ballot  is  to  be  used, 
but  not  after  said  second  day,  mail  to  each  applicant  on  the  day  of  the 
filing  of  the  application  an  official  ballot  or  ballots  in  the  way  and  man- 
ner the  applications  were  mailed  on  said  15th  day.  In  computing  the 
fifteenth  day  before  the  election  day  and  the  second  day  before  the  elec- 
tion day  the  date  of  the  election  shall  be  excluded  and  if  said  fifteenth 
day  or  the  said  second  day  fall  on  a  legal  holiday  then  the  official  ballot 
or  ballots  shall  be  mailed  as  herein  provided,  the  day  prior  to  such 
holiday.  Before  mailing  or  delivering  any  ballot  the  clerk  shall  affix  his 
official  seal  and  place  his  signature  near  the  lower  left  hand  comer  on 
the  back  thereof  leaving  sufficient  space. on  the  margin  of  such  ballot  for 
the  initials  of  the  poll  clerks.     (R.  S.  1921,  §6927e.) 

[Approved  March  7,  1917.] 

68.  Ballot  Enclosed  in  Envelope — Affidavit. 

Sec.  6.  The  clerk  of  the  circuit  court  of  the  county  shall  enclose 
such  ballot  or  ballots  in  an  envelope,  unsealed,  to  be  furnished  by  such 
clerk,  which  envelope  shall  bear  upon  the  face  thereof  the  name,  official 
title  and  postoffice  address  of  such  clerk  and  upon  the  other  side  a 
printed  affidavit  in  substantially  the  following  form: 

State  of 

County  of 

I,  ,  do  solemnly  swear 

(or  affirm),  that  I  am  a  resident  of  the precinct  of 

.township,  or   of  the precinct 

10—22129 


146 

of  the ward  of  the  city  of *.*».» 

residing  at in  that  city,  in  the  county 

of and  State  of  Indiana;  and  am 

entitled  to  vote  in  such  precinct  at  the election 

to  be  held  on ,19 That  I  am 

(stating  business)  and  that  because  of 

the  nature  of  my  business  or  employment,  or  for  the  following  reason 

(relating  unavoidable  cause  of  absence) 

I  expect  to  be  absent  from  the  county  of  my  residence  on 

the  day  of  such election.    I  further  swear 

(or  affirm)  that  I  have  personally  marked  the  enclosed  ballot  or  ballots 
in  secret,  and  have  enclosed  the  same  in  this  envelope  and  sealed  the 
same  without  exhibiting  them  to  any  other  person. 

Signed 

Subscribed  and  sworn  to  before  me,  a in  and 

for county,    state   of 

this day  of ,  A.  D.   19 I 

hereby  certify  that  the  affiant  exhibited  the  enclosed  ballot  to  me  un- 
marked; that  he  then  in  my  presence  and  in  the  presence  of  no  other 
person,  and  in  such  manner  that  I  could  not  see  his  vote,  marked  such 
ballot  or  ballots  and  enclosed  and  sealed  the  same  in  this  envelope;  that 
the  affiant  was  not  solicited  or  advised  by  me  to  vote  for  or  against  any 
candidate  or  measure. 

Signature  of  Official. 

Official  Title. 
Commission  expires 

(R.  S.  1921,  §6927f.) 

69.     Affidavit  of  Absent  Voter — Marking  Ballot — Return. 

Sec.  7.  Such  absent  voter  shall  make  and  subscribe  to  the  affidavit 
provided  for  in  section  six  (6)  of  this  act  before  any  officer  authorized 
by  law  to  administer  oaths  and  having  an  official  seal,  and  such  voter 
shall  thereupon,  in  the  presence  of  such  officer,  and  of  no  other  person, 
mark  such  ballot  or  ballots,  but  in  such  manner  that  such  officer  can 
not  know  how  such  ballot  or  ballots  is  marked,  and  such  ballot  or  bal- 
lots shall  then,  in  the  presence  of  such  officer  be  folded  by  such  voter 
so  that  each  ballot  will  be  separate  and  so  as  to  conceal  the  mark- 
ing, and  shall,  in  the  presence  of  such  officer,  be  enclosed  in  such  envel- 
ope, together  with  any  unused  ballot  and  the  envelope  shall  be  securely 
sealed.  The  envelope  shall  then  be  mailed  by  such  voter,  by  registered 
mail,  postage  prepaid,  to  the  officer  issuing  the  ballot  or  if  more  con- 
venient it  may  be  delivered  in  person.  Any  such  ballot  to  be  valid  shall 
be  received  by  the  clerk  of  the  circuit  court  of  the  county  in  time  for 
him  to  deposit  it  with  the  election  board  of  such  electors'  voting  pre- 
cinct before  the  closing  of  the  polls  on  election  day.  (R.  S.  1921, 
§6927g.) 


147 

[In  force  July  20,  1920.] 

70.  Marking  Ballot  with  Pen,  Ink,  or  Any  Colored  Lead  Pencil. 

Any  absent  voter  exercising  the  right  to  cast  an  absent  voters' 
ballot  may  mark  his  ballot  or  ballots  with  pen  and  ink,  or  lead  pencil 
with  any  color  of  lead,  and  the  marking  of  such  ballot  in  such  manner 
shall  have  the  same  force  and  effect  as  if  it  was  marked  with  a  pencil 
with  blue  lead.     (R.  S.  1921,  §6881k.) 

71.  Ballot  Sealed — Endorsement. 

Sec.  8.  Upon  receipt  of  an  absent  voters*  ballot,  the  clerk  of  the 
circuit  court  of  the  county  shall  forthwith  enclose  the  same,  unopened, 
together  with  the  application  made  by  such  absent  voter,  in  a  large  or 
carrier  envelope,  which  shall  be  securely  sealed  and  endorsed  with  the 
name  and  official  title  of  such  clerk  and  the  words:  "This  envelope 
contains  an  absent  voter's  ballot  and  must  be  opened  only  at  the  polls 
on  election  day  while  such  polls  are  open,"  and  such  clerk  shall  thereafter 
keep  the  same  securely  in  his  office  until  delivered  by  him  as  provided 
in  section  nine  (9)  of  this  act.     (R.  S.  1921,  §6927h.) 

72.  Delivery  to  Inspector. 

Sec.  9.  In  the  event  that  an  absent  voter's  ballot  shall  be  received 
by  the  clerk  of  the  circuit  court  prior  to  the  delivery  of  the  official 
ballots  to  the  election  inspector  of  the  precinct  in  which  such  elector 
presides,  such  enclosed  ballot  and  application  sealed  in  the  carrier  en- 
velope, shall  be  delivered  to  the  election  inspector  of  such  precinct 
along  with  such  official  ballots.  In  the  event  that  the  official  ballots 
for  such  precinct  have  already  been  delivered  to  the  election  inspector 
of  such  precinct  at  the  time  of  the  receipt  by  such  clerk  of  the  cir- 
cuit court  of  such  absent  voter's  ballot,  such  clerk  shall  immediately 
enclose  such  envelope  containing  the  absent  voter's  ballot,  together 
with  his  application  thereof,  in  a  large  or  carrier  envelope,  which 
shall  be  securely  sealed  and  endorsed  on  the  face  to  the  election  in- 
spector of  the  proper  precinct,  giving  the  name  or  number  of  the  pre- 
cinct, the  street  and  number  of  the  polling  place  or  the  city  or  town 
in  which  such  absent  voter  is  a  qualified  elector  and  the  words:  "This 
envelope  contains  an  absent  voter's  ballot  and  must  be  opened  only  on 
election  day  at  the  polls  while  the  polls  are  open,"  and  he  shall  mail 
such  ballot  and  application,  postage  prepaid,  to  such  election  inspector, 
or,  if  more  convenient,  such  clerk  of  the  circuit  court  may  deliver  such 
absent  voter's  ballot  and  application  to  the  election  inspector  in  person 
or  by  duly  deputized  agent.  If  delivered  in  person  such  clerk  or  agent 
shall  secure  from  the  election  inspector  a  receipt  for  the  delivery  of 
such  ballot  or  ballots.  Provided,  however,  That  such  delivery  of  ballots 
in  person  shall  be  made  without  expense  to  the  county.  (R.  S.  1921, 
§69271.) 

73.  Canvass  of  Ballots. 

Sec.  10.  At  any  time  between  the  opening  and  closing  of  the  polls 
on  such  election  day,  the  election  inspector  of  such  precinct,  in  the 
presence  of  the  election  board,  shall  open  the  outer  or  carrier  envelope 


148 

only,  announce  the  absent  voter's  name  and  compare  the  signature  upon 
the  application  with  the  signature  upon  the  affidavit  on  the  ballot 
envelope.  In  case  the  election  inspector  finds  the  affidavit  properly 
executed  and  attested,  that  the  signatures  correspond,  that  the  appli- 
cant is  a  duly  qualified  elector  of  the  precinct,  that  he  is  duly  registered, 
or  that  the  applicant  has  not  voted  in  person  at  such  election,  or,  in 
case  of  a  primary  election,  if  he  has  not  previously  exercised  the  right 
of  suffrage,  if  he  shall  have  executed  the  proper  declaration  relative 
to  his  age  and  qualifications  and  the  party  with  which  he  intends  to 
affiliate,  the  election  inspector  shall  open  the  envelope  containing  the 
absent  voter's  ballot  in  such  manner  as  not  to  deface  or  destroy  the 
affidavit  thereon  and  take  out  the  ballot  or  'ballots  enclosed  therein 
without  unfolding  or  permitting  the  same  to  be  unfolded  or  examined. 
The  inspector  shall  then  deliver  such  ballot  or  ballots  to  the  poll  clerks, 
who  shall  at  once  proceed  to  write  their  initials  in  ink  on  the  lower  left- 
hand  corner  of  the  back  of  each  of  such  ballot  in  their  ordinary  hand- 
writing and  without  any  distinguishing  mark  of  any  kind  and  in  the 
same  manner  as  other  ballots  are  required  to  be  endorsed.  The  in- 
spector shall  thereupon  deposit  the  same  in  the  proper  ballot  box  or 
ballot  boxes  and  enter  the  absent  voter's  name  in  the  poll  book,  the 
same  as  if  he  had  been  present  and  voted  in  person.  In  the  event  that 
such  affidavit  is  found  to  be  insufficient,  or  that  the  signatures  do  not 
correspond,  or  that  the  applicant  is  not  a  duly  qualified  elector  in  such 
precinct  or  that  he  has  voted  in  person  at  such  election,  or  that  he  has 
not  registered,  if  registration  is  necessary,  or  that  the  ballot  is  open, 
or  has  been  opened  and  resealed,  or  that  the  ballot  envelope  contains 
more  than  one  (1)  ballot  of  any  one  (1)  kind,  or  in  case  of  a  primary 
election,  and  if  such  absent  voter  has  not  previously  exercised  the  right 
of  suffrage,  if  he  shall  have  failed  to  execute  the  proper  declarations 
relative  to  his  age  and  qualifications  and  the  party  with  which  he  in- 
tends to  affiliate,  such  ballot  or  ballots  shall  not  be  accepted  or  counted. 
Every  ballot  not  accepted  or  counted  for  any  of  the  reasons  hereinbefore 
enumerated  shall,  without  unfolding  the  same  to  disclose  how  it  is 
marked,  be  endorsed  on  the  back  thereof  with  the  words:     "Rejected 

(giving  the  reason  or  reasons  therefor)."     All 

rejected  absent  voters'  ballots  shall  be  enclosed  and  securely  sealed  in 
an  envelope  on  which  the  election  inspector  shall  indorse  the  words: 
"Defective  absent  voters'  ballots,"  with  a  statement  of  the  precinct  in 
which  and  the  date  of  the  election  at  which  they  were  last  signed  by 
such  inspector  and  returned  to  the  same  officer  and  in  the  same  manner 
as  by  law  provided  for  the  return  and  preservation  of  official  ballots 
cast  and  uncast  at  the  election.     (R.  S.  1921,  §6927 j.) 

74.     Challenge  of  Vote. 

Sec.  11.  The  vote  of  any  absent  voter  may  be  challenged  for  cause 
and  the  election  board  shall  have  all  the  power  and  authority  given  by 
law  to  hear  and  determine  the  legality  of  such  ballot  or  ballots  the 
same  as  though  the  ballot  or  ballots  were  cast  by  the  voter  in  person. 
Before  depositing  any  absent  voter's  ballots  in  the  ballot  box  as  provided 
in  section  10  of  this  act  the  inspector  shall  notify  the  challengers  or 


149 

the  poll-book  holders  of  his  precinct,  that  he  is  about  to  deposit  an  absent 
voter's  ballot,  in  order  that  such  vote  may  be  challenged  under  the  pro- 
visions of  this  section.    (R.  S.  1921,  §6927k.) 

75.  Deceased  Voter's  Ballot. 

Sec.  12.  Wherever  it  shall  be  made  to  appear  by  due  proof  to  the 
election  board  that  any  elector  who  has  marked  and  forwarded  his 
ballot  as  hereinbefore  provided  in  this  act,  has  died,  then  the  ballot  of 
such  deceased  voter  shall  be  returned  by  the  election  inspector  with 
defective  ballots  to  the  officer  issuing  it,  but  the  casting  of  an  absent 
voter's  ballot  by  a  deceased  voter  shall  not  invalidate  the  election. 
(R.  S.  1921,  §69271.) 

[Approved  March  14,  1919.] 

76.  Absent  Voter's  Ballot — How  Counted  on  Voting  Machine. 

Sec.  13.  All  the  provisions  of  the  election  laws  now  in  force,  and 
not  inconsistent  with  the  provisions  of  this  act,  shall  apply  with  full 
force  and  effect  in  all  election  precincts  in  which  voting  machines  are 
used;  and  absent  voters'  ballots  shall  be  counted  and  returned  separately 
with  the  returns  of  the  ballots  cast  on  the  voting  machines,  all  pro- 
visions of  the  existing  election  laws  relative  to  the  furnishing  of  ballot 
boxes,  the  printing  and  furnishing  of  official  ballots  in  such  number  as 
the  county  board  of  election  commissioners  may  deem  necessary,  and 
the  canvassing  of  absent  voters'  ballots  and  the  making  of  the  proper 
return  and  result  of  the  election  shall  apply:  Provided,  however.  That 
in  any  precinct  where  voting  machines  are  used,  the  inspector  shall  re- 
move the  absent  voters'  ballots  from  the  box  in  which  they  have  been 
deposited,  as  herein  provided,  and,  together  with  the  two  (2)  clerks, 
open  the  ballots  and  record  them  on  the  voting  machine  in  accordance 
with  the  intent  of  the  absent  voter  as  indicated  t)y  the  appropriate  mark- 
ings on  the  face  of  the  ballot.     (R.  S.  1921,  §6927m.) 

77.  Refusal  to  Vote  or  Cast  Ballot — Penalty. 

Sec.  14.  If  any  person  shall  wilfully  swear  falsely  to  any  such  affi- 
davit he  shall  be  guilty  of  perjury  and  shall  upon  conviction  thereof  be 
punished  as  provided  by  law.  If  any  person  who,  having  procured  an 
official  ballot  or  ballots,  as  hereinbefore  provided  shall  wilfully  neglect 
or  refuse  to  cast  or  return  the  same  in  the  manner  hereinbefore  pro- 
vided, or  who  shall  wilfully  violate  any  of  the  provisions  of  this  act 
shall  be  deemed  guilty  of  a  misdemeanor  and  shall  upon  conviction 
thereof  be  subject  to  a  fine  of  not  to  exceed  two  hundred  and  fifty  dol- 
lars ($250)  or  by  imprisonment  in  the  county  jail  for  a  period  of 
not  to  exceed  six  (6)  months.  If  the  clerk  of  the  circuit  court  of  any 
county,  or  the  clerk  of  any  city  or  town,  or  any  election  officer  shall 
refuse  or  neglect  to  perform  any  of  the  duties  prescribed  in  this  act, 
or  shall  violate  any  of  the  provisions  hereof,  he  shall  be  deemed  guilty 
of  a  misdemeanor  and  shall  upon  conviction  thereof,  be  subject  to  a 
fine  of  not  less  than  two  hundred  and  fifty  dollars  ($250)  nor  more 
than  five  hundred  dollars  ($500),  or  by  imprisonment  in  the  county 
jail  for  a  period  of  not  to  exceed  six  (6)  months.     (R.  S.  1921,  §6927n.) 


150 

[Approved  March  7,  1917.] 

78.  Act  Supplementary. 

Sec.  15.  The  provisions  of  this  act  shall  be  deemed  to  constitute  a 
method  of  voting  in  addition  to  the  method  now  provided  by  law,  and 
to  such  extent  shall  be  deemed  as  supplementary  and  amendatory  of 
existing  laws  relating  to  the  manner  and  method  of  voting.  (R.  S.  1921, 
§69270.) 

79.  Return  of  Voter. 

Sec.  16.  The  provisions  of  this  act  shall  not  be  so  construed  as  to 
prohibit  any  absent  voter,  returning  to  his  place  of  residence,  from  vot- 
ing in  person  within  his  precinct  at  any  election  contemplated  in  this 
act,  notwithstanding  that  he  may  have  made  application  for  an  absent 
voter's  ballot  or  ballots,  and  such  ballot  or  ballots  may  have  been  mailed 
or  otherwise  delivered  by  the  proper  clerk,  provided  such  voter  has  not 
availed  himself  of  the  privileges  of  an  absent  voter,  as  provided  in  this 
act  and  voted  the  ballot  or  ballots  mailed  or  othei-wise  delivered  to  him 
by  such  clerk,  and  provided  he  shall  return  such  ballot  or  ballots,  if 
received,  to  the  election  inspector  of  the  precinct  of  his  residence  by 
whom  it  shall  be  marked  "cancelled,"  and  preserved  with  other  defective 
ballots,  as  hereinbefore  provided.     (R.  S.  1921,  §6927p.) 

[Approved  March  14,  1919.] 

80.  Elector  to  Vote  in  Own  Precinct — Time  for  Receiving  Absent  Voter's 

Ballot. 

Sec.  17.  Nothing  in  this  act  shall  be  construed  to  authorize  any 
elector  to  vote  in  any  precinct  other  than  his  own  within  the  county  of 
his  residence,  except  that  any  elector  'who  because  of  illness,  physical 
infirmity  or  by  reason  of  his  being  quarantined  has  reason  to  believe  that 
he  will  be  unable  to  be  present  at  the  polls  in  the  precinct  of  his  residence 
on  the  day  of  any  general,  primary,  municipal  or  special  election  may 
avail  himself  in  all  respects  of  the  provisions  of  this  act  as  though  he 
were  in  fact  an  absent  voter.  No  elector  shall  be  entitled  to  receive  an 
absent  voter's  ballot  on  election  day;  nor  shall  an  elector  be  entitled  to 
receive  an  absent  voter's  ballot,  nor  unless  his  application  is  made  to  or 
received  by  the  clerk  of  the  circuit  court  of  the  county  before  the  delivery 
of  the  official  ballots  to  the  election  inspector  of  the  precinct  of  his  resi- 
dence. In  any  election  in  any  city  or  incorporated  town,  the  clerk  of  the 
city  or  town,  as  the  case  may  be,  shall  perform  all  the  duties  required  by 
this  act  of  the  clerk  of  the  circuit  court  and  the  other  city  or  to\\m 
officers  shall  be  required  to  perform  the  various  duties  herein  prescribed 
for  the  county  officers  in  whose  stead  they  act,  subject  to  the  same 
penalties  and  provisions  herein  prescribed  as  to  such  county  officers. 
(R.  S.  1921,  §6927q.) 

[Approved  March  7,  1917.] 

81.  Ballots,  Official — Record  and  Delivery. 

Sec.  18.  The  ballot  or  ballots  to  be  delivered  to  and  marked  by  any 
absent  voter  shall  be  of  the  regular  official  ballots  to  be  used  at  such 


151 

election.  The  clerk  shall  keep  a  record  of  all  ballots  so  delivered  for  the 
purpose  of  absent  voting,  as  well  as  all  ballots,  if  any,  marked  before 
him,  and  shall  deliver  to  the  election  inspector  to  whom  the  ballots  for 
the  precinct  are  delivered,  and  at  the  time  of  the  delivery  of  such  bal- 
lots, a  certificate  stating  the  number  of  ballots  delivered  or  mailed  to 
absent  voters,  as  well  as  those  marked  before  him,  if  any,  and  the  names 
of  the  voters  to  whom  such  ballots  have  been  delivered  or  mailed,  or  by 
whom  -they  have  been  marked,  if  marked  before  him.  (R.  S.  1921, 
§6927r.) 

82.  Voting  in  Person  Before  Clerk. 

Sec.  19.  Any  qualified  elector  who  is  present  in  his  county  after 
the  official  absent  voters'  ballots  of  or  for  such  county  have  been  printed 
and  delivered  and  who  has  reason  to  believe  that  he  will  be  absent  from 
his  county  on  election  day,  may  vote  before  he  leaves  his  county,  in 
like  manner  as  an  absent  voter,  before  the  clerk  of  the  circuit  court  of 
the  county  or  some  officer  authorized  to  administer  oaths  and  having  an 
official  seal,  and  the  provisions  of  this  act  shall  be  deemed  to  apply  to 
such  voting.  If  the  ballot  be  marked  before  the  clerk  of  the  circuit 
court  of  the  county,  it  shall  be  his  duty  to  deal  with  it  in  the  same  man- 
ner as  if  it  had  come  by  mail.     (R.  S.  1921,  §6927s.) 

83.  Right  of  Elector  Who  Returns  in  Time  to  Vote  in  Person. 

Sec.  20.  Any  qualified  elector  who  has  marked  his  ballot  or  ballots 
as  hereinbefore  provided,  and  who  shall  be  in  his  voting  precinct  on  elec- 
tion day  before  his  ballot  or  ballots  shall  have  been  deposited  in  the 
ballot  box,  shall,  if  he  so  desires,  have  his  envelope  containing  his  ballot 
opened  in  his  presence,  and  the  ballot  or  ballots  found  therein  shall  be 
deposited  in  the  ballot  box  as  hereinbefore  provided.  If  such  elector 
shall  ask  for  a  new  ballot  or  ballots  with  which  to  vote,  and  if  his  absent 
voter's  ballot  or  ballots  shall  have  not  been  deposited  in  the  ballot  box, 
he  shall  be  entitled  to  the  same,  but  in  such  case  his  absent  voter 
envelope  shall  not  be  opened,  and  the  election  inspector  shall  mark  across 
the  face  thereof  the  words:  "Unopened  because  voter  appeared  and 
voted  in  person,"  and  such  envelope  and  ballot  shall  be  preserved  in  the 
same  manner  as  defective  ballots.  If  the  envelope  containing  the  absent 
voter's  ballot  shall  have  been  marked,  "Rejected  as  defective,"  such 
elector  so  appearing  thereafter  shall  have  the  same  right  to  vote  as  any 
other  voter  voting  in  person.  If  voting  machines  are  used  he  shall  be 
entitled  to  vote  as  other  voters.  If  an  envelope  containing  an  absent 
voter's  ballot  has  not  been  opened  for  any  reason,  such  envelope  shall 
not  be  opened  without  an  order  of  a  court  of  competent  jurisdiction. 
(R.  S.  1921,  §6927t.) 

84.  Ballots — Number — Printing — Distribution. 

Sec.  21.  Absent  voters'  ballots  shall  be  in  all  respects  like  other 
ballots.  Not  less  than  twenty-five  (25)  days  prior  to  the  date  on  which 
any  general,  primary  or  special  election  is  held,  the  clerks  of  the  circuit 
courts  of  the  several  counties  shall  estimate  and  determine  the  number 
of  absent  voters'  ballots  of  all  kinds  which  will  be  required  in  their  re- 


152 

spective  counties  for  any  such  election.  The  ballots  for  the  election  of 
all  officers,  or  the  ratification,  acceptance  or  rejection  of  any  measures 
or  propositions  to  be  voted  for  by  the  electors  of  the  state  at  large  shall 
be  prepared  and  printed  under  the  direction  of  the  state  board  of  election 
commissioners;  the  ballots  for  the  election  of  all  officers  to  be  voted  for 
in  any  such  county  other  than  those  who  are  to  be  voted  for  by  all  the 
electors  of  the  state  shall  be  prepared  and  printed  under  the  direction 
of  the  county  board  of  election  commissioners  as  now  provided  by  law. 
The  several  county  boards  of  election  commissioners  shall  immediately 
proceed  to  prepare  and  have  printed,  in  such  number  as  they  shall  have 
determined,  such  absent  voters'  ballots  as  are  to  be  printed  under  their 
direction  as  hereinbefore  provided,  and  such  ballots  shall  be  delivered 
to  the  clerk  of  the  circuit  court  of  the  county  not  less  than  ten  (10) 
days  prior  to  the  day  of  the  election  at  which  they  are  to  be  used.  As 
soon  as  the  clerk  of  the  circuit  court  shall  have  determined  the  number 
of  absent  voters'  ballots  which  will  be  required,  he  shall  certify  the  num- 
ber so  determined  upon  to  the  state  board  of  election  commissioners, 
and  such  board  shall  proceed  to  prepare  and  have  printed  such  ballots 
as  are  prepared  and  printed  under  their  directions.  The  absent  voters' 
ballots  which  are  printed  under  the  direction  of  the  state  board  of  elec- 
tion commissioners  shall  be  delivered  to  the  clerk  of  the  circuit  court  or 
his  specially  authorized  deputy  at  the  same  time  and  in  the  same  man- 
ner that  other  official  ballots  are  delivered.  Each  package  of  absent 
voters'  ballots  shall  be  plainly  marked,  on  an  appropriate  label  attached 

thereto,  with  the  words :     "This  package  contains 

(giving  number  of  ballots)  absent  voters'  ballots."  All  such  ballots 
shall  be  kept  securely  in  the  office  of  the  clerk  of  the  circuit  court,  and 
shall  be  distributed  to  applicants  therefor  as  hereinbefore  provided. 
(R.  S.  1921,  6927U.) 


CHAPTER  IV. 
ELECTIONS. 

ARTICLE  I— GENERAL  ELECTIONS. 


SEC.  SEC. 

96.  When  held— What  offices  filled.  158. 

97.  Certificate  of  clerk— Notice  of  sheriff.  159. 

98.  Who  disfranchistd.  160. 

99.  Soldiers,  seamen  and  marines. 

100.  Residence.  161. 

101.  Elector's  freedom  from  arrest.  162. 

102.  Betting  on  election.  163, 

103.  Precincts. 

104.  Elections — Voting   precincts  —  County  164. 

commissioners — Designate.  165. 

105.  Boundaries  of  precinct — Changes.  166. 

106.  Change  of  precincts.  167. 

107.  Notice  of  change  of  precincts. 

108.  Election— Officers.  168. 

109.  Inspectors  and  election  board.  169. 

110.  Poll  clerks.  170. 

111.  Assistant  poll  clerks.  171. 

112.  Duties  of  assistant  poll  clerks. 

113.  Duties  of  clerks.  172. 
11314.    Number  of  voters  in  polling  places.  173. 

114.  Blank  forms. 

115.  Officers'  oath.  174. 

116.  Administering  oaths.  175. 

117.  Duties  of  inspector.  176. 

118.  Ballot  boxes  and  booths.  177. 

119.  Ballot  boxes. 

120.  Ballot  boxes — How  constructed— Keys.  178. 

121.  Opening  polls — Closing. 

122.  Where  elector  votes.  179. 

123.  Polling  precincts. 

124.  Giving  information  to  poll  takers.  180. 

125.  List  of  voters.  181. 

126.  Withholding  information — Penalty. 

127.  Deceiving  poll  taker — Penalty.  182, 

128.  Returning   fictitious  names — Penalty, 

129.  Proclamation  of  opening  polls.  183. 

130.  "Election   sheriffs."  184. 

131.  State  board  of  election  commissioners.  185. 

132.  County  board  of  election  commission-  186. 

ers, 

133.  Board's  duties.  187. 

134.  Superior  court — Election  of  judges.  188, 

135.  Signatures    to    petition    must    be    ac-  189. 

knowledged,  190. 

136.  Preservation  of  petitions.  191. 

137.  When  to  be  filed,  192, 

138.  Governor's  certificate.  193, 

139.  Resignations  of  nominees,  194, 

140.  Constitutional  amendments.  195. 

141.  Form  of  ballot,  196. 

142.  Printing  of  ballots  by  state  board  of  197. 

election  commissioners,  198. 

143.  Nominee's  name  on  ballot  but  once.  199, 

144.  Candidate  to  elect  nomination,  200. 

145.  Resignations  of  candidates — Vacancy.  201. 

146.  Vacancy  in  nominations,  202. 

147.  Printer's  duties — Penalty, 

148.  Distributing  ballots,  203. 

149.  Clerk's  allowance — Special  messenger,  20.4. 

150.  Permitting  ballots  to  be  taken  away —  205. 

Penalty.  206. 

151.  Taking  ballots  away — Penalty.  207. 

152.  Distribution  of  ballots, 

153.  Opening   packages — Clerk's    initials,  208. 

154.  Cards — Instructions — Posting    tip    bal-  209. 

■   lots.  210. 

155.  Special  messenger,  211, 

156.  Failure  of  inspector  to  appear,  212, 

157.  Ballots  lost, 

(153) 


Destroying  ballots  not  used — Record, 

Rooms— Booths. 

Challengers — Who  may  stand  near 
polls. 

Arrest  of  illegal  voter. 

Perjury,  false  affidavit. 

Election  holidays — Preventing  em- 
ployes voting. 

Manner  of  voting. 

Voting  machines  and  ballots. 

"Paster  Ballots." 

Number  of  persons  in  booths — ^Spoil- 
ing ballots. 

Illiterate  voters. 

Time  for  voting. 

Distinguishing  marks — Penalty. 

Taking  ballots  from  election  room — 
Penalty. 

Counting  and  destroying  ballots. 

Election — Canvass  and  count — Ballots 
preserved. 

Elections — Ballots  preserved. 

Pencils  destroyed — Penalty. 

Penalties  for  violating  election  law. 

Penalty  for  clerk,  inspector  or  mes- 
senger. 

Entering  election  room — Remaining 
close  to  polls. 

Inducing  voter  to  put  mark  on  his 
.  ballot. 

Revealing  how  elector  voted. 

Inducing  member  of  board  to  violate 
this  act. 

Removing  or  destroying  election  sup- 
plies. 

Electioneering — ^Revealing  vote. 

Officer  violating  his  duty. 

Constitutional    amendments. 

Constitutional  amendments  —  Political 
party  action. 

Ballots — Form. 

Marking  of  ballot. 

Election   laws  applied. 

Voting  machines. 

Preservation  of  affidavits. 

Township  and  county  elections. 

City  and  town  elections. 

Holidays. 

Laws  repealed. 

Duty  of  board. 

Adjournments  forbidden. 

Meals  for  election  officers. 

Certificate  of  judges. 

Care  of  ballots  and  papers. 

Sealed  receptacles  for  ballots. 

Inspector — County  and  city  clerk — 
Duties, 

Clerk's  and  trustee's  duties. 

Board  of  canvassers. 

Chairman — Clerk, 

Clerical  assistants. 

Pay  of  clerks  of  county  board  of  can- 
vassers. 

Board's  duties. 

Certificates, 

Tie  vote. 

Defective  papers —Duty  of  board. 

Evidence — When  heard — Witness  in 
contempt. 


154 


213.  Disputes — Decision  by  circuit  judge.  220.    Duty  of  secretary  of  state. 

214.  Certificate  of  election.  221.    Secretary   of   state   and    governor,    as 

215.  Defective  returns — Commissions,  to  congressmen, 

216.  Certificates  of  votes  for  legislators,  222,    Clerk's    duty    as    to    election    of    gov- 

217.  Certificate  of  election  legislators.  ernor. 

218.  Tie  vote  for  legislators.  223,    Pay  of  officers. 

219.  Certificate  to  secretary  of  state, 

[1881  S.,  482.    Approved  April  21,  1881.    In  force  September  19,  1881.] 

96.  When  Held— What  Offices  Filled. 

1.  A  general  election  shall  be  held  on  the  first  Tuesday  after  the 
first  Monday  in  November  in  the  year  one  thousand  eight  hundred  and 
eighty-two,  and  biennially  thereafter  on  the  same  day,  at  which  election 
all  existing  vacancies  in  office,  and  all  offices  the  terms  of  which  will 
expire  before  the  next  general  election  thereafter,  shall  be  filled,  unless 
otherwise  provided  by  law.  (R.  S.  1908,  1914  and  1921,  §6874;  R.  S.  1901, 
§6190;  R.  S.  1897,  §6480;  R.  S.  1894,  §6190;  R.  S.  1881,  .§4678.) 

97.  Certificate  of  Clerk— Notice  of  Sheriff. 

2.  The  clerk  of  the  circuit  court  shall,  at  least  twenty  days  before 
such  election,  certify  to  the  sheriff  of  his  county  what  officers  are  to  be 
elected;  and  such  sheriff  shall  give  fifteen  days'  notice  thereof  by  posting 
up  at  all  usual  places  of  holding  such  elections,  a  copy  of  such  certificate, 
and  by  one  publication  thereof  in  some  newspaper  of  his  county,  if  any 
there  be,  and  by  delivering  a  copy  thereof  to  the  township  trustee  of  each 
township  within  the  county.  But  no  election  shall  be  invalidated  by  the 
failure  of  such  clerk  or  sheriff  in  the  performance  of  any  of  the  duties 
enjoined  by  this  section.  (R.  S.  1908  and  1914,  §6875;  R.  S.  1901,  §6191; 
R.  S.  1897,  §6481;  R.  S.  1894,  §6191;  R.  S.  1881,  §4679.) 

98.  Who   Disfranchised. 

4.  Every  person  undergoing  a  sentence  of  imprisonment  of  convic- 
tion for  any  felony  or  misdemeanor  shall  be  disfranchised  during  the 
period  of  such  imprisonment.  (R.  S.  1908  and  1914,  §6877;  R.  S.  1901, 
§6193;  R.  S.  1897,  §6483;  R.  S.  1894,  §6193;  R.  S.  1881,  §4681.) 

99.  Soldiers,  Seamen  and  Marines. 

5.  No  soldier,  seaman  or  marine,  in  the  army  or  navy  of  the  United 
States  or  of  their  allies,  shall  be  deemed  to  have  acquired  a  residence  in 
the  state  in  consequence  of  having  been  stationed  withiii  the  same;  nor 
shall  any  such  soldier,  seaman  or  marine  have  the  right  to  vote.  (R.  S. 
1908  and  1914,  §6878;  R.  S.  1901,  §6194;  R.  S.  1897,  §6484;  R.  S.  1894, 
§6194;  R.  S.  1881,  §4682.) 

100.  Residence. 

6.  No  person  shall  be  deemed  to  have  lost  His  residence  in  the  state 
by  reason  of  his  absence  either  on  business  of  this  state  or  of  the  United 
States.  (R.  S.  1908  and  1914,  §6879;  R.  S.  1901,  §6195;  R.  S.  1897,  §6485; 
R.  S.  1894,  §6195;  R.  S.  1881,  §4683.) 

101.  Elector's  Freedom  From  Arrest. 

7.  In  all  cases,  except  treason,  felony  and  breach  of  the  peace,  elec- 
tors shall  be  free  from  arrest  in  going  to  election,  during  their  attendance 


155 

there,  and  in  returning  from  the  same.    (R.  S.  1908  and  1914,  §6880;  R.  S. 
1901,  §6196;  R.  S.  1897,  §6486;  R.  S.  1894,  §6196;  R.  S.  1881,  §4684.) 

[1857,  p.  35.    Approved  March  4,  1857.    In  force  August  24,  1857.] 

102.  Betting  on  Election. 

1.  Any  person  who  shall  bet  or  wager  any  money  or  other  valuable 
property  on  the  result  of  any  election  in  this  or  any  other  state,  shall, 
upon  conviction  thereof,  forfeit  and  pay  to  the  state  of  Indiana,  for  the 
benefit  of  the  common  school  fund,  any  sum  not  less  than  the  amount  so 
bet  or  wagered,  nor  more  than  twice  said  amount.  (R.  S.  1908  and  1914, 
§6881;  R.  S.  1901,  §6197;  R.  S.  1897,  §6487;  R.  S.  1894,  §6197;  R.  S.  1881, 
§4685.) 

[1907,  p.  659.    Approved  March  13,  1907.    In  force  April  9,  1907.] 

103.  Precincts. 

1.  The  county  commissioners  of  each  county  in  this  state  shall,  at 
their  first  session  after  the  taking  effect  of  this  act,  divide  the  townships 
of  their  respective  counties  into  election  precincts,  and  establish  the  boun- 
daries of  the  same.  Such  board  of  commissioners  shall  designate  at  least 
one  place  of  holding  elections  in  each  precinct,  and  every  township  in 
which  only  one  place  of  holding  election  is  designated  shall  constitute  a 
precinct.  Each  precinct  shall  contain,  as  nearly  as  practicable,  two  hun- 
dred and  fifty  electors,  based  on  the  number  of  votes  cast  at  the  last 
election  for  presidential  electors,  but  no  precinct  shall  contain  more  than 
two  hundred  and  fifty  electors.  If  at  any  election  hereafter,  two  hundred 
and  fifty  or  more  votes  should  be  cast  at  any  voting  place,  it  shall  be  the 
duty  of  the  inspector  in  such  precinct  to  report  the  same  to  the  board  of 
county  commissioners,  who  shall  at  their  next  regular  meeting  divide 
such  precincts  as  nearly  as  possible,  so  that  the  precincts  formed  thereof 
shall  each  contain  two  hundred  and  fifty  electors  as  nearly  as  practicable, 
but  no  precinct  shall  contain  more  than  two  hundred  and  fifty  electors, 
and  report  such  division  to  the  clerk  of  the  circuit  court  of  each  county 
and  to  the  governor  of  the  state,  together  with  the  estimated  votes  of 
each  of  the  new  precincts.  If  twenty-five  electors  of  any  township  in 
which  there  is  only  one  voting  precinct  where  there  were  two  hundred 
votes  cast  at  the  last  election  for  presidential  electors,  shall  by  their  writ- 
ten petition,  addressed  to  the  board  of  county  commissioners  represent 
that  it  will  be  to  the  convenience  of  the  public  and  for  the  public  good  to 
change,  divide  or  consolidate  such  precinct,  and  if  the  board  of  commis- 
sioners shall  be  convinced  that  it  will  be  to  the  convenience  of  the  public 
or  for  the  public  good  to  change,  divide  or  consolidate  such  precinct,  such 
board  shall  make  an  order  to  change,  divide  or  consolidate  such  precinct 
as  they  may  think  best,  and  shall  report  such  change,  division,  or  consoli- 
dation to  the  clerk  of  the  circuit  court  of  such  county,  and  to  the  governor 
of  the  state,  together  with  the  estimated  votes  of  each  of  the  new  pre- 
cincts. If  such  board  shall  fail  to  act  as  herein  elected,  any  qualified  voter 
of  the  county  may  apply  for  a  writ  of  mandamus,  to  compel  the  perform- 
ance of  this  duty:  Provided,  however,  that  nothing  contained  in  this  act 
shall  apply  to  any  county  in  this  state  wherein    they  use  "voting  ma- 


156 

chines."    (R.  S.  1908  and  1914,  §6882;  R.  S.  1901,  §6198;  R.  5.  1897,  §6488; 
R.  S.  1894,  §6198;  E.  S.  §1323.) 

Note:  Precincts  in  which  voting  machines  are  used  may  contain  six 
hundred  votes.  Acts  1903,  p.  278;  R.  S.  1915,  §6329;  R.  S.  1908,  §7024; 
post,  §221. 

[1891,  p.  154.    Approved  March  6,  1891.    In  force  June  3,  1891.] 

104.  Elections — Voting  Precincts — County  Commissioners  Designate. 

1.  That  in  any  township  in  which  there  is  only  one  precinct,  and  in 
which  there  are  one  or  more  incorporated  towns  the  board  of  county  com- 
missioners shall  designate  the  polling  place  at  some  convenient  place  in 
that  incorporated  town  in  the  township  which  had  the  largest  population 
according  to  the  last  preceding  United  States  census.  (Act  1915,  p.  135. 
R.  S.  1921,  §6882a.) 

105.  Boundaries  of  Precincts — Changes. 

2.  The  board  of  commissioners  of  any  county  may  change  the  boun- 
daries of  any  precinct  within  such  county,  or  divide  any  precinct  into  two 
or  more  precincts,  or  consolidate  two  or  more  precincts  into  one,  or  change 
any  place  of  holding  elections  whenever  public  convenience  or  the  public 
good  may  require  it:  Provided,  that  no  such  change,  division  or  consoli- 
dation shall  be  made  after  the  June  term  of  such  commissioners'  court 
next  preceding  an  election:  And,  provided  further,  that  no  such  change, 
division  or  consolidation  shall  be  valid  without  giving  due  notice,  at  least 
one  month  before  any  election,  by  one  publication  in  two  newspapers 
published  in  said  county,  representing  the  two  political  parties  which  cast 
the  highest  number  of  votes  in  the  state  at  the  last  general  election,  and 
by  posters  put  up  in  four  of  the  most  public  places  in  each  precinct:  And, 
provided  further,  that  no  precinct  shall  be  enlarged  so  as  to  contain  more 
than  two  hundred  and  fifty  electors.  (R.  S.  1908  and  1914,  §6883;  R.  S. 
1901,  §6199;  R.  S.  1897,  §6489;  R.  S.  1894,  §6199.) 

Note:  The  time  for  making  changes  in  the  boundaries  of  precincts 
has  been  changed  by  section  3  of  the  registration  law,  acts  1917,  p.  443. 
Sec.  6977e,  Bums  R.  S.  1918. 

106.  Change  of  Precincts. 

1.  That  the  board  of  commissioners  in  any  county  in  this  state  is 
authorized  to  change  the  precincts  of  any  or  all  the  townships  of  such 
county,  in  such  manner  as  to  provide  facilities  for  the  increased  number  of 
electors  in  any  such  precinct  or  precincts  caused  by  the  enfranchisement 
of  women  or  otherwise:  Provided,  that  any  change  in  such  precincts  made 
during  the  year  1920  may  be  made  at  any  regular  or  special  session  of 
such  board  of  commissioners,  but  the  action  of  such  board  in  so  changing 
precincts,  if  taken  during  the  year  1920,  must  be  taken  not  later  than 
August  8,  1920:  Provided  further,  that  nothing  contained  in  this  act  or 
in  any  other  statute  of  the  State  of  Indiana,  shall  require  such  board  of 
commissioners  to  make  any  change  in  any  of  the  precincts  of  said  county 
during  the  year  1920,  if  in  the  opinion  of  said  board  the  facilities  for 
voting  provided  by  this  act  are  sufficient  to  afford  all  of  the  voters  of 
such  precinct  an  ample  opportunity  to  vote.    In  making  changes  in  pre- 


157 

cincts,  it  shall  be  lawful  for  said  board  of  commissioners  to  so  arrange 
a  precinct  that  it  will  contain  approximately  five  hundred  voters  if  voting 
therein  is  to  be  by  Australian  ballot  system,  one  thousand  voters  in  case 
voting  therein  is  to  be  by  the  machine,  and  fifteen  hundred  voters  if 
voting  is  to  be  by  both  such  systems.  In  making  such  changes  in  pre- 
cincts during  the  year  1920  said  board  of  commissioners  shall  designate 
the  method  of  voting  to  be  exercised  in  such  precinct:  Provided,  that  said 
board  of  commissioners  shall  have  no  authority  to  designate  that  voting 
in  said  precinct  shall  be  by  machine  unless  there  are  sufficient  voting 
machines  owned  by  the  county  at  the  time  such  change  is  made  to  supply 
a  machine  for  such  precinct.  All  changes  made  in  precincts  shall  be  at 
once  reported  to  the  clerk  of  the  circuit  court  of  such  county  and  to  the 
governor  of  the  state  with  the  estimated  number  of  votes  in  each  of  the 
new  precincts.     (Acts  1920,  p.  41.    R.  S.  1921,  Sec.  6881a.) 

107.  Notice  of  Change  of  Precincts. 

2.  Whenever  the  board  of  commissioners  of  any  county  shall 
under  the  provisions  of  this  act  change  the  boundaries  of  any  precinct  in 
such  county,  the  auditor  of  said  county  shall  immediately  give  notice  of 
such  change  by  one  publication  in  two  newspapers  of  general  circulation 
of  opposite  politics,  printed  and  published  in  such  county,  if  there  be  such; 
if  not,  said  notice  may  be  published  in  any  two  newspapers  of  general 
circulation  printed  and  published  in  such  county,  or  if  there  be  only  one 
newspaper  published  in  such  county,  then  publication  in  such  one  news- 
paper shall  be  sufficient  notice  of  such  change  of  precincts.  (R.  S.  1921, 
Sec.  6881b.)'  ' 

[1897,  p.  199.    Approved  and  in  force  .March  6,  1897.] 

108.  Election  Officers. 

3.  Township  trustees  shall,  by  virtue  of  their  office,  be  inspectors  of 
elections  in  the  precincts  in  which  they  respectively  reside,  and  shall, 
prior  to  the  opening  of  the  polls  in  such  precincts,  appoint  as  judges  of 
elections  two  qualified  electors  of  such  precinct,  who  shall  have  been  free- 
holders and  resident  householders  therein  for  at  least  one  year,  or  house- 
holders for  at  least  two  years  next  preceding  such  election,  and  who  are 
members  of  different  political  parties  and  of  the  parties  which  cast  the 
highest  number  of  votes  in  the  state  at  the  preceding  general  election: 
Provided,  if  no  persons  that  are  qualified  will  consent  to  serve  as  such 
judges,  or  that  if  there  are  no  persons  residing  in  any  precinct  qualified 
to  act  as  judges  of  election,  by  reason  of  the  fact  that  they  have  not  been 
resident  householders  within  such  precinct  for  one  year,  then  in  that  case 
the  township  trustee  shall  appoint  two  qualified  electors  of  such  precinct 
as  such  judges:  And,  provided  further,  that  if  at  least  one  week  or  more 
prior  to  such  election  the  chairman  of  the  county  central  committee  of 
eiher  of  the  two  parties  that  cast  the  largest  number  of  votes  in  the  state 
at  the  last  general  election  shall  designate  a  member  of  such  party  as 
judge,  having  the  same  qualifications  as  above  prescribed,  he  shall  be 
appointed,  and  such  judges,  together  with  the  inspector,  shall  constitute 
a  board  of  election.    No  person  shall  be  eligible  as  a  member  of  the 


158 

board  of  election  who  has  anything  of  value  bet  or  wagered  on  the  result 
of  such  election,  or  is  a  candidate  to  be  voted  for  at  such  election,  or  who 
is  father,  father-in-law,  son,  son-in-law,  grandfather,  grandson,  brother, 
brother-in-law,  uncle,  nephew,  first  or  second  cousin  of  any  candidate  at 
such  election.  If  at  any  time  before,  or  during  an  election,  it  shall  be 
made  to  appear  to  any  inspector,  by  the  affidavit  of  two  or  more  qualified 
electors  of  the  precinct,  that  either  of  the  judges  is  disqualified  under  the 
provisions  of  this  act,  he  shall  at  once  remove  such  judge  and  fill  the  place 
with  a  qualified  person  of  the  same  political  party  as  the  judge  removed; 
and,  in  case  such  disqualified  judge  shall  have  taken  the  oath  of  office 
hereinafter  prescribed,  the  inspector  shall  place  such  oath  and  affidavit 
before  the  next  grand  jury  of  the  county.  (R.  S.  1908  and  1914,  §6884; 
R.S.  1901,  §6200;  R.  S.  1897,  §6490.) 

[1901,  p.  437.    Approved  March  11,  1901.    In  force  May  16,  1901.] 
109.     Inspectors  and  Election  Board. 

4.  Whenever  any  board  of  county  commissioners  shall  designate 
more  than  one  precinct  in  any  township,  it  shall,  at  the  September  term 
of  said  board,  next  preceding  any  election,  appoint  in  each  precinct  in 
which  no  township  trustee  resides,  as  inspector  of  such  election,  some 
qualified  voter  of  such  precinct,  who  shall  have  been  a  freeholder  and 
resident  householder  in  such  precinct  for  at  least  two  years  next  preced- 
ing such  election:  Provided,  that  if  no  person  thus  qualified  will  consent 
to  serve  as  such  inspector,  or  if  there  is  no  person  residing  in  any  precinct 
qualified  to  act  as  inspector  by  reason  of  the  fact  that  he  Kas  not  been 
a  freeholder  and  resident  householder  in  such  precinct  for  one  year,  or  a 
resident  householder  in  sTich  precinct  for  two  years,  preceding  such  elec- 
tion, such  board  of  county  commissioners  shall  appoint  some  qualified 
elector  of  such  precinct  as  such  inspector.  Such  board  of  county  commis- 
sioners shall  hold  a  special  session  one  week  before  each  election,  and 
shall  fill  all  vacancies  that  may  have  occurred  in  the  office  of  inspector, 
and  shall  fill  any  vacancy  occurring  thereafter  at  any  regular  or  called 
session  of  the  board  previous  to  the  election.  Such  appointed  inspector 
shall,  before  the  time  of  opening  the  election  in  his  precinct,  appoint  two 
election  judges,  if  the  same  have  not  already  been  appointed,  as  herein- 
before provided,  in  the  same  manner  and  under  the  same  requirements  as 
provided  for  township  trustees  acting  as  inspectors;  and  such  judges  and 
inspectors  shall  constitute  the  board  of  election  for  such  precinct.  If  any 
member  of  an  election  board  shall  fail  to  appear  at  the  hour  appointed 
for  the  opening  of  the  polls,  the  remainder  of  the  board  shall  select  a 
member  of  his  political  party  to  serve  in  his  stead:  Provided,  that  if  the 
qualified  electors  of  his  party  present  at  the  polls  shall  nominate  a  qual- 
ified person  for  such  vacancy,  such  nominee  shall  be  appointed.  If  none 
of  the  members  of  an  election  board  shall  appear  at  the  hour  appointed 
for  opening  the  polls,  the  qualified  electors  present  shall  elect  a  board 
viva  voce,  as  nearly  as  possible  in  conformity  with  the  provisions  hereof. 
(R.  S.  1908  and  1914,  §6885;  R.  S.  1901,  §6201.) 


159 

[1889,  p.  157.    Approved  March  6,  1889.     In  force  May  10,  1889.] 
no.    Poll   Clerks. 

5.  Such  board  of  election  shall  appoint  as  poll  clerks  two  qualified 
electors  of  such  precinct,  one  from  each  of  the  two  parties  that  cast  the 
largest  vote  in  the  state  at  the  last  general  election:  Provided,  that  if, 
four  days  or  more  prior  to  such  election,  the  chairman  of  the  county 
central  committee  of  either  of  the  two  parties  that  cast  the  largest  num- 
ber of  votes  in  the  state  at  the  last  general  election  shall  designate  a 
member  of  such  party  as  poll  clerk,  such  nominee  shall  be  appointed. 
(R.  S.  1908  and  1914,  §6886;  R.  S.  1901,  §6202;  R.  S.  1897,  §6492;  R.  S. 
1894,  §6202;  E.  S.  §1327.) 

111.  Assistant  Poll  Clerks. 

Sec.  4.  In  every  election  precinct  where  voting  is  to  be  by  both 
machine  and  ballot,  and  in  every  other  election  precinct  where  the  board 
of  county  election  commissioners  of  the  county  where  such  precinct  is 
located  deems  it  to  be  necessary,  two  assistant  poll  clerks  shall  be  ap- 
pointed. Said  assistant  poll  clerks  shall  be  of  opposite  politics,  and  shall 
be  appointed  in  the  same  manner  that  poll  clerks  are  now  appointed  by 
law.  Said  assistant  poll  clerks  shall  take  the  same  oath  that  is  required 
by  law  to  be  taken  by  poll  clerks.  The  duties  of  said  assistant  poll  clerks 
shall  be  as  prescribed  by  this  act.  Said  assistant  clerks  shall  receive  the 
same  compensation  as  is  paid  to  the  regular  poll  clerks  of  such  precinct. 
All  such  assistant  clerks  shall  be  subject  to  the  same  penalties  as  is  pre- 
scribed by  law  in  cases  of  violation  of  law  by  the  regular  poll  clerks.  The 
county  board  of  election  commissioners  at  least  four  weeks  before  the 
election  shall  adopt  a  written  resolution  designating  the  particular  pre- 
cincts for  which  assistant  poll  clerks  are  to  be  appointed,  copy  of  which 
resolution  shall  be  filed  in  the  office  of  the  clerk  of  the  circuit  court  of 
the  county.     (R.  S.  1921,  Sec.  6881d.) 

112.  Duties  of  Assistant  Clerks. 

Sec.  5.  In  precincts  where  there  are  clerks  and  assistant  clerks,  and 
the  voting  is  wholly  by  the  Australian  ballot  system,  such  assistant  clerks 
shall  perform  the  same  duties  as  is  required  by  the  clerks,  in  reference 
to  the  initialing  and  giving  out  of  the  ballots  and  pencils:  Provided,  in 
any  such  precinct  it  shall  be  necessary  for  only  the  two  clerks  or  assistant 
clerks  giving  out  any  ballot  to  place  their  initials  on  the  back  thereof, 
but  such  clerks  or  assistant  clerks  must  be  of  opposite  politics.  If  any 
elector  is  entitled  to  receive  instructions  as  to  the  method  of  voting,  such 
instructions  shall  be  given  by  the  clerks  or  assistant  clerks  who  furnished 
the  ballots  to  such  elector.  After  the  close  of  the  polls  said  assistant 
clerks  shall,  under  the  directions  of  the  election  board,  assist  the  regular 
clerks  in  tallying  the  votes.  In  any  such  precinct  the  election  returns  or 
other  certificates  required  by  law  to  be  signed  by  the  poll  clerks  of  such 
precinct  need  not  be  signed  by  such  assistant  clerks,  (R.  S.  1921,  Sec. 
6881e.) 


160 

113.  Duties  of  Clerks  in  Separate  Methods  of  Voting. 

Sec.  6,  In  any  precinct  where  the  voting  is  both  by  machine  and 
printed  ballot,  the  regular  clerks  of  such  precinct  shall  attend  to  all  the 
duties  connected  with  voting  by  machine,  and  the  two  assistant  clerks 
shall  attend  to  all  the  duties  connected  with  voting  by  printed  ballots, 
and  it  shall  be  necessary  for  only  said  two  assistant  clerks  to  place  their 
initials  on  the  back  of  such  ballots.  In  any  such  precinct  the  regular 
clerks  shall  tally  the  vote  cast  by  printed  ballots  in  such  precinct,  and 
they  alone  shall  sign  the  election  certificates  and  returns,  but  said  board 
of  elections  may  call  upon  the  assistant  clerks  to  assist  the  regular  clerks 
in  tallying  such  vote.    (R.  S.  1921,  Sec.  68811) 

113 Vz*    Number  of  Voters  Admitted  to  Polling  Places. 

Sec.  7.  In  any  precinct  for  which  assistant  clerks  are  provided  as 
many  as  six  (6)  electors  may  be  admitted  to  the  polling  place  at  one  time 
for  the  purpose  of  voting.     (R.  S.  1921,  Sec.  6881g.) 

114.  Blank  Forms. 

6.  The  auditor  of  each  county  in  the  state  shall  make  out  and  cause 
to  be  delivered  to  the  inspectors  of  the  several  precincts  in  their  respec- 
tive counties,  at  least  ten  days  previous  to  any  election,  a  suitable  number 
of  blank  forms  of  poll  books,  containing  one  column  headed,  "Names  of 
Voters,"  and  an  additional  column  headed,  "Number  of  Voters"  [votes] , 
and  also  forms  of  election  returns,  with  the  proper  captions,  forms  of 
oaths,  and  forms  of  certificates  and  tally  papers  necessary  to  be  used  in 
all  elections  hereafter  held  in  this  state.  (R.  S.  1908  and  1914,  §6887; 
R.  S.  1901,  §6203;  R.  S.  1897,  §6493;  R.  S.  1894,  §6203;  E.  S.  §1328.) 

115.  Officer's  Oaths. 

7.  Before  any  election  shall  be  opened,  the  inspector  and  judges  shall 
each  make  oath  to  support  the  constitution  of  the  United  States  and  of 
this  state;  to  faithfully  and  impartially  discharge  the  duties  assigned  by 
law;  that  they  will  not  knowingly  permit  any  person  to  vote  who  is  not 
qualified,  and  not  knowingly  refuse  the  qualified  vote  of  any  elector,  or 
cause  any  delay  to  persons  offering  to  vote,  further  than  is  necessary  to 
procure  satisfactory  information  of  the  qualifications  of  such  person  as 
an  elector;  that  they  will  not  disclose  or  communicate  to  any  person  how 
any  elector  voted  or  how  any  ballot  was  folded,  marked  or  stamped;  and 
that  they  are  now  and  for  one  year  next  preceding  have  continued  to  be 
bona  fide  residents  and  freeholders,  or  bona  fide  householders,  for  at  least 
two  years,  of  the  township  in  which  such  precinct  is  situated;  and  that 
they  have  nothing  of  value  bet  or  wagered  upon  the  result  of  said  elec- 
tion, and  are  not  candidates  at  said  election,  and  that  they  are  not  related 
to  any  person  to  be  voted  for  at  said  election,  within  the  degrees  named 
in  section  3  of  this  adt;  which  oath  shall  be  in  writing  or  printed,  and 
shall  be  subscribed  and  executed  before  some  person  authorized  by  law 
to  administer  oaths,  which  officer  shall  attach  thereto  his  jurat;  and  such 
oath  shall  then  be  attached  to  the  poll  book,  and  with  it  return  [returned] 
to  the  clerk's  office  of  his  county,  as  hereinafter  provided. 

Which  oath  shall  be  in  the  following  form: 


161 

state  of  Indiana, 


County,      '  ^^' 


1 

I  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I  will  sup- 
port the  constitution  of  the  United  States  and  of  this  state;  that  I  will 
faithfully  and  impartially  discharge  the  duties  as  inspector  or  judge  of 
election  assigned  by  law;  that  I  will  not  knowingly  permit  any  person  to 
vote  who  is  not  qualified,  and  will  not  knowingly  refuse  the  vote  of  any 
qualified  elector,  or  cause  any  delay  to  persons  offering  to  vote  further 
than  is  necessary  to  procure  satisfactory  information  of  the  qualification 
of  such  person  as  an  elector;  that  I  am  now  and  have  been  continuously 
for  one  year  next  preceding  this  date  a  bona  fide  resident  freeholder  (or 
a  bona  fide  resident  householder  for  at  least  two  years  next  preceding 
this  date)  of  the  township  in  which  the  precinct  in  which  I  am  to  act  as  a 
member  of  the  election  board  is  situated;  and  that  I  will  not  disclose  or 
communicate  to  any  person  how  any  elector  has  voted  at  such  election, 
or  how  any  ballot  has  been  folded,  [or]  marked  or  stamped;*  that  I  have 
nothing  of  value  bet  or  wagered  upon  the  result  of  said  election,  and  am 
not  a  candidate  at  this  election,  and  am  not  related  to  any  person  to  be 
voted  for  at  this  election  within  the  degree  named  in  section  3  of  the 
election  law. 

Subscribed  and  sworn  to  before  me,  this day 

of 


(R.  S.  1908  and  1914,  §6888;  R.  S.  1901,  §6204;  R.  S.  1897,  §6494; 
R.  S.  1894,  §6204;  E.  S.,  §1329.) 

116.  Administering  Oaths. 

8.  If  no  person  present  be  authorized  by  law  to  administer  the  oath 
of  office,  the  inspector  shall  administer  the  same  to  the  judges,  and  one 
of  the  judges  shall  then  administer  said  oath  to  the  inspector.  (R.  S. 
1908  and  1914,  §6889;  R.  S.  1901,  §6205;  R.  S.  1897,  §6495;  R.  S.  1894, 
§6205;  E.  S.,  §1330.) 

117.  Duties  of  Inspector. 

9.  The  inspector  shall  be  chairman  of  such  board,  and  before  the 
reception  of  any  votes  shall  administer  an  oath  to  the  clerks  of  the  elec- 
tion that  they  will  faithfully  discharge  their  duties  as  such.  After  the 
organization  of  the  board  of  election  the  inspector  may  administer  all 
necessary  oaths  which  may  be  required  in  the  discharge  of  its  duties,  and 
all  oaths  shall  be  written  or  printed,  and  shall  be  signed  by  the  persons 
making  such  oaths  in  the  presence  of  such  board  of  elections,  and  the 
person  administering  such  oaths  shall  affix  his  jurat  thereto,  and  said 
affidavit  shall  be  attached  to  and  returned  with  the  poll  list  to  the  office 
of  the  county  clerk.  The  oaths  herein  prescribed  for  the  clerk  of  elections 
shall  be  in  the  following  form,  namely: 

State  of  Indiana,  I     o 

County,      \  ^^' 

I  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I  will  faith- 
fully and  honestly  discharge  my  duties  as  clerk  of  the  election 

*  The  word  "stamped"  is  repealed. 
11—22129 


162 

Precinct  and Ward  ( or Township)  in 

County,  Indiana,  and  that  I  will  not  disclose  or  commu- 
nicate to  any  person  how  any  elector  voted,  or  how  any  ballot  was  folded, 
[or]  marked  or  stamped.* 

Subscribed  and  sworn  to  before  me,  this day 

of 

(R.  S.  1908  and  1914,  §6890;  R.  S.  1901,  §6206;  R.  S.  1897,  §6497; 
R.  S.  1894,  §6206;  E.  S.,  §1331.) 

118.  Ballot   Boxes  and  Booths. 

Sec.  9.  It  shall  be  the  duty  of  the  board  of  county  commissioners  of 
the  proper  county  to  provide  all  ballot  boxes  and  booths  that  may  be 
required  in  order  to  carry  out  the  provisions  of  this  act.  (R.  S.  1921, 
Sec.  68811.) 

119.  Ballot  Boxes. 

10.  The  board  of  county  commissioners  of  each  county  shall  provide, 
at  the  expense  of  the  county,  two  ballot  boxes,  one  painted  red,  for  the 
reception  of  the  ballots  prepared  by  the  state  board  of  election  commis- 
sioners, and  one  painted  white,  for  the  reception  of  the  ballots  prepared 
by  the  county  board  of  election  commissioners  for  each  precinct;  each 
ballot  box  shall  have  at  least  two  locks  of  different  kinds  and  combina- 
tions, so  that  the  key  of  one  will  not  unlock  the  other,  and  be  otherwise 
so  constructed  as  to  contribute  toward  the  prevention  of  fraud.  (R.  S. 
1908  and  1914,  §6891;  R.  S.  1901,  §6207;  R.  S.  1897,  §6497;  R.  S.  1894, 
§6207;  E.  S.,  §1332.) 

120.  Ballot  Boxes,  How  Constructed — Keys. 

11.  An  opening  shall  be  made  in  the  lid  of  each  box  sufficient  only 
for  a  single  ballot;  and  at  the  time  the  election  is  opened  the  inspector 
and  judges  shall  see  that  there  are  no  ballots  in  the  box  before  the  voting 
begins,  and  shall  thereupon  securely  lock  the  box,  and  give  one  key  to  one 
of  the  judges  who  is  in  politics  opposed  to  the  inspector,  the  inspector 
retaining  the  other  key;  and  the  same  shall  not  be  again  opened  until  the 
polls  are  closed,  and  the  board  is  ready  to  immediately  proceed  with  the 
counting.  (R.  S.  1908  and  1914,  §6208;  R.  S.  1901,  §6208;  R.  S.  1897, 
§6498;  R.  S.  1894,  §6208;  E.  S.,  §1333.) 

[Acts  1899,  p.  539.     In  force  April  28,  1899.] 

121.  Openings  Polls — Closing. 

12.  The  election  shall  be  opened  in  the  forenoon  at  the  hour  of  six 
o'clock  and  continue  open  until  four  o'clock  in  the  afternoon,  after  which 
the  board  may  close  the  election  at  any  time,  when  all  the  electors  have 
voted,  or  when  fifteen  minutes  have  passed  without  a  vote  having  been 
tendered;  but  the  polls  shall  in  no  case  be  kept  open  after  six  o'clock  of 
the  afternoon;  and  the  polls  shall  not  be  closed  after  four  o'clock  and 

♦  The  word  "stamped"  is  repealed. 


II 


163 

before  six  o'clock  except  by  the  unanimous  consent  of  all  the  members  of 
the  election  board;  but  whenever  the  polls  are  closed,  proclamation  must 
be  made  of  the  fact  of  such  closing  by  the  inspector,  to  the  people  outside, 
in  a  loud  and  audible  tone  of  voice,  and  a  minute  of  such  proclamation, 
and  of  the  time  when  the  same  was  made,  must  be  entered  on  the  tally 
papers  by  the  clerks,  and  after  such  minute  has  been  made  no  more  votes 
shall  be  received.     (R.  S.  1908  and  1914,  §6893;  R.  S.  1901,  §6209.) 

122.  Where  Elector  Votes. 

13.  Each  elector  shall  vote  by  ballot  in  the  precinct  where  he  resides. 
(R.  S.  1908  and  1914,  §6894;  R.  S.  1901,  §6210;  R.  S.  1897,  §6500;  R.  S. 
1894,  §6210;  E.  S.,  §1335.) 

1.  The  remainder  of  this  section  and  the  amendment  of  1891  (p.  350) 
were  declared  unconstitutional.  Morris  vs.  Powell,  125  Ind.  281;  and 
Brewer  vs.  McClellan,  144  Ind.  423. 

[1897,  p.  274.    Approved  March  8,  1897.     In  force  April  14,  1897.] 

123.  Polling  Precincts. 

1.  Any  political  or  civic  party,  association  or  organization  may,  at 
any  time  prior  to  any  general  or  other  election,  take  a  poll  of  voters 
qualified  to  vote  at  the  next  ensuing  election,  in  any  district,  county,  town- 
ship, municipality,  ward,  precinct  or  precincts  of  the  state:  Provided,  the 
chairman  or  president,  or  other  chief  officer  of  the  party,  association  or 
organization  taking  such  poll  shall  issue  to  the  person  or  persons  em-, 
ployed  in  taking  the  poll  a  certificate  showing  the  nature  of  such  employ- 
ment and  the  party  organization  or  association  for  which  such  poll  is  to 
be  taken.  (R.  S.  1908  and  1914,  §7049;  R.  S.  1901,  §6336;  R.  S.  1897, 
§6501.) 

124.  Giving  Information  to  Poll  Takers. 

2.  It  shall  be  the  duty  of  every  person  to  whom  application  is  made 
for  information  in  regard  to  such  poll  to  furnish  to  the  poll-taker,  upon 
the  exhibition  of  such  certificate,  all  information  in  the  possession  of  the 
person  to  whom  application  is  made  with  regard  to  the  names,  residence 
and  other  qualifications  in  regard  to  voting  of  any  and  every  person 
within  such  district,  county,  township,  municipality,  ward  or  precinct;  and 
it  shall  be  the  duty  of  every  proprietor  or  manager  of  every  boarding 
house,  lodging  house,  restaurant,  hotel,  building  or  other  place  within 
which  persons  are  lodged,  to  obtain  a  complete  and  accurate  list  of  all 
legal  voters  domiciled  in  such  boarding  house,  lodging  house,  hotel,  or 
other  place,  not  less  than  sixty  days  prior  to  each  election,  which  list  shall 
state  the  name,  age,  occupation,  place  of  business,  and  place  of  previous 
residence,  with  the  length  of  residence  in  the  state,  county,  township,  pre- 
cinct and  ward  of  each  person  named  thereon,  and  such  list  shall  be  re- 
tained by  such  owner  or  manager  of  such  boarding  house,  lodging  house, 
hotel  or  other  building  for  the  period  of  not  less  than  forty  days  there- 
after, and  upon  application,  shall  be  submitted  to  the  inspection  of  each 
and  every  poll-taker  who  may  demand  the  same.  Every  person  who  shall 
violate  the  provisions  of  this  section  may  be  fined  in  any  sum  not  less 
than  one  dollar  nor  more  than  twenty-five  dollars,  to  which  may  be  added 


164 

imprisonment  in  the  county  jail  or  workhouse  for  a  period  not  exceeding 
ten  days.  (R.  S.  1908  and  1914,  §7050;  R.  S.  1901,  §6337;  R.  S.  1897, 
§6502.) 

125.  List  of  Voters. 

3.  It  shall  be  the  duty  of  each  and  every  poll-taker  so  appointed  to 
make  a  full,  true  and  complete  list  of  all  persons  whose  names  are  re- 
ported to  him  as  voters,  with  such  comments  as  he  may  deem  proper  as 
to  their  respective  qualifications.  (R.  S.  1908  and  1914,  §7051;  R.  S.  1901, 
§6338;  R.  S.  1897,  §6503.) 

126.  Withholding  Information — Penalty. 

4.  Any  person  who  shall  withhold  any  information  in  his  or  her 
possession  from  any  poll-taker  with  regard  to  the  qualifications  of  any 
voter  or  voters  or  other  person  or  persons  not  entitled  to  vote,  upon  the 
demand  of  such  poll-taker,  shall  be  fined  in  any  sum  not  less  than  one  nor 
more  than  twenty-five  dollars,  to  which  may  be  added  imprisonment  not 
exceeding  thirty  days.  (R.  S.  1908  and  1914,  §7052;  R.  S.  1901,  §6339; 
R.  S.  1897,  §6504.) 

127.  Deceiving  Poll-Taker — Penalty. 

5.  Every  person  who  shall  knowingly  furnish  to  any  poll-taker  any 
false  informatidn  with  regard  to  the  qualifications  of  any  person  or  per- 
sons for  voting,  or  shall  knowingly  return  to  such  poll-taker  as  voters 
iany  false  names,  or  the  names  of  any  persons  who  are  dead  or  are  not 
voters,  shall  be  fined  in  any  sum  not  less  than  one  nor  more  than  twenty- 
five  dollars,  to  which  may  be  added  imprisonment  in  the  county  jail  for  a 
period  not  exceeding  six  months.  (R.  S.  1908  and  1914,  §7053;  R.  S.  1901, 
§6339a;  R.  S.  1897,  §6505.) 

128.  Returning  Fictitious  Names— Penalty. 

6.  Every  poll-taker  who  shall  knowingly  return  the  name  of  any 
person  who  is  not  entitled  to  vote  in  the  precinct  or  district  for  which 
such  poll  is  taken  at  the  election  immediately  ensuing,  or  any  fictitious 
name,  or  the  name  of  any  dead  person,  shall  be  fined  in  any  sum  not  less 
than  ten  nor  more  than  five  hundred  dollars,  to  which  may  be  added  im- 
prisonment in  the  county  jail  or  workhouse  for  a  period  not  exceeding  six 
months.  (R.  S.  1908  and  1914,  §7054;  R.  S.  1901,  §6339b;  R.  S.  1897, 
§6506.) 

[1889,  p.  157.    Approved  March  6,  1889.     In  force  May  10,  1889.] 

129.  Proclamation  of  Opening  Polls. 

14.  Before  receiving  the  ballot  of  any  elector  the  board  of  election 
shall  cause  to  be  proclaimed  that  such  election  is  opened.  (R.  S.  1908 
and  1914,  §6895;  R.  S.  1901,  §6211;  R.  S.  1897,  §6507;  R.  S.  1894,  §6211; 
E.  S.,  S1336.) 


[1891,  p.  124.     Approved  March  6,  1891.     In  force  June  3,  1891.] 
130.    '^Election  Sheriffs." 

15.    It  shall  be  the  duty  of  the  sheriff  of  each  county  to  appoint,  five 
days  prior  to  each  election,  two  special  deputies  for  each  precinct  in  the 


f 


165 

county,  to  be  known  as  election  sheriffs,  who  shall  attend  the  polling 
places  in  their  respective  precincts  from  the  opening  of  the  polls  to  the 
conclusion  of  the  count.  It  shall  be  their  duty  to  preserve  order  at  the 
polls  and  enforce  the  provisions  of  the  election  law  under  the  direction  of 
the  election  board,  and  make  arrests  on  the  demand  of  a  member  of  the 
board,  or  on  affidavit,  as  hereinafter  provided.  One  of  such  election 
sheriffs  shall  be  chosen  from  each  of  the  two  parties  that  cast  the  largest 
number  of  votes  in  the  state  at  the  last  general  election;  and  if  at  least 
five  days  prior  to  such  election  the  chairman  of  the  county  central  com- 
mittee of  either  of  such  parties  shall  nominate  a  member  of  his  party  for 
election  sheriff  in  any  precinct,  such  nominee  shall  be  appointed.  K  any 
election  sheriff  shall  fail  to  appear  at  the  opening  of  the  polls,  the  mem- 
ber or  members  of  the  election  board  of  his  political  party  shall  appoint 
a  person  to  act  in  his  place.  Compensation  of  one  dollar  and  fifty  cents 
per  day  shall  be  allowed  to  each  election  sheriff  by  the  board  of  county 
commissioners,  but  no  such  election  sheriff  shall  be  allowed  for  more  days' 
service  than  members  of  the  election  board  in  the  same  precinct  are 
allowed.  No  other  peace  officers  of  the  state,  or  any  division  thereof, 
shall  be  allowed  within  fifty  feet  of  the  polls,  except  to  serve  process  of 
courts  or  to  vote,  unless  summoned  by  the  election  sheriffs.  No  person 
other  than  the  election  officers  shall  remain  within  fifty  feet  of  the  polls, 
except  when  voting.  Provided,  that  each  political  party  may  appoint  one 
challenger  and  one  poll  book  holder  for  each  precinct,  who  shall  be  enti- 
tled to  stand  at  the  sides  of  the  chute  next  to  the  challenge  window.  Such 
challenger  and  poll  book  holder  shall  be  appointed  in  writing  by  the  chair- 
man of  the  county  or  other  local  committee  of  their  political  party,  and 
shall  produce  written  appointments  on  demand  of  a  member  of  the  elec- 
tion board.  It  shall  be  lawful  for  a  political  party  to  pay  such  challenger 
and  poll  book  holder  not  more  than  three  dollars  for  services  at  any  elec- 
tion, but  not  more  than  one  person  of  any  one  party  shall  be  paid  for 
services  in  either  such  capacity  in  any  precinct,  and  no  challenger  or  poll 
book  holder  shall  receive  any  compensation  for  such  services,  except  from 
the  political  party  he  represents.  (R.  S.  1908  and  1914,  §6896;  R.  S.  1901, 
§6212;  R.  S.  1907,  §6508;  R.  S.  1894,  §6212.) 

[1889,  p.  157.    Approved  March  6,  1889.    In  force  May  10,  1889.] 
131.    State  Board  of  Election  Commissioners. 

16.  The  governor  of  the  state,  and  two  qualified  electors  by  him 
appointed,  one  from  each  of  the  two  political  parties  that  cast  the  largest 
number  of  votes  in  the  state  at  the  last  preceding  general  election,  shall 
constitute  a  state  board  of  election  commissioners.  Such  appointments 
shall  be  made  at  least  thirty  days  prior  to  each  general  election,  and  if, 
prior  to  that  time,  the  chairman  of  the  state  central  committee  of  either 
of  such  parties  shall  nominate  in  writing  a  member  of  his  own  party  for 
such  appointment,  the  governor  of  the  state  shall  appoint  such  nominee. 
In  case  of  death  or  disability  of  either  appointee  the  governor  of  the  state 
shall  notify  the  chairman  of  the  said  central  committee  of  such  ap- 
pointee's political  party,  and  such  chairman  may,  within  three  days  there- 
after, recommend  a  successor,  who  shall  thereupon  be  appointed:    Pro- 


166 

vided,  that  if  such  chairman  shall  fail  to  make  recommendations  of  ap- 
pointment within  the  time  specified,  the  governor  of  the  state  shall  make 
such  appointment  of  his  own  selection  from  such  political  party.  It  shall 
be  the  duty  of  said  board  to  prepare  and  distribute  ballots  and  stamps 
for  election  of  all  officers  for  whom  all  the  electors  of  the  state  are  enti- 
tled to  vote,  in  compliance  with  th^  provisions  of  the  election  law.  The 
members  of  such  board  shall  serve  without  compensation.  (R.  S.  1908 
and  1914,  §6897;  R.  S.  1901,  §6213;  R.  S.  1897,  §6509;  R.  S.  1894,  §6213; 
E.  S.,  §1338.) 

132.  County  Board  of  Election  Commissioners. 

17.  In  each  county  of  the  state  the  clerk  of  the  circuit  court  and 
two  persons  by  him  appointed,  one  from  each  of  the  two  political  parties 
that  cast  the  largest  number  of  votes  in  the  state  at  the  last  general 
election,  shall  constitute  a  county  board  of  election  commissioners.  Said 
appointments  shall  be  made  in  all  respects  as  appointments  to  the  state 
board  of  election  commissioners  are  required  to  be  made  by  the  governor 
of  the  state,  except  that  the  privilege  of  nomination  shall  belong  to  the 
chairman  of  the  county  central  committee  of  the  two  parties  aforesaid. 
It  shall  be  the  duty  of  such  board  to  prepare  and  distribute  ballots  for 
election  of  all  officers  to  be  voted  for  in  such  county  other  than  those  who 
are  to  be  voted  for  by  all  the  electors  of  the  state,  in  compliance  with  the 
provisions  of  this  act.  The  members  of  such  board  shall  serve  without 
compensation.  (R.  S.  1908  and  1914,  §6898;  R.  S.  1901,  §6214;  R.  S.  1897, 
§6510;  R.  S.  1894,  §6214;  E.  S.,  §1339.) 

133.  Board's  Duties. 

18.  The  said  board  of  election  commissioners  shall  cause  to  be 
printed  on  the  respective  ballots  the  names  of  the .  candidates  nominated 
by  the  conventions  of  any  party  that  cast  one  per  cent  of  the  total  vote 
of  the  state  at  the  last  preceding  general  election,  as  certified  to  said 
boards  by  the  presiding  officer  and  secretary  of  such  convention,  or  in  case 
of  primary  election,  by  the  chairman  and  secretary  of  any  county  or 
township  committee;  and  also  the  names  of  any  candidates  for  any  office 
when  petitioned  so  to  do  by  electors  qualified  to  vote  for  such  candidates, 
as  follows:  For  a  state  officer,  or  any  officer  for  whom  all  the  electors  of 
the  state  are  entitled  to  vote,  five  hundred  petitioners;  for  a  representa- 
tive in  congress  from  any  congressional  district,  two  hundred  petitioners; 
for  a  county  officer,  member  of  the  general  assembly,  circuit  judge  or 
prosecuting  attorney,  twenty-five  petitioners;  for  an  officer  of  a  township, 
ward  or  other  division  less  than  a  county,  twenty  petitioners.  The  signa- 
tures to  such  petition  need  not  be  appended  to  one  paper,  but  no  peti- 
tioner shall  be  counted,  except  his  residence  and  postoffice  address  be 
designated.  Such  petition  shall  state  the  name  and  residence  of  each  of 
such  candidates;  that  he  is  legally  qualified  to  hold  such  office;  that  the 
subscribers  desire  and  are  legally  qualified  to  vote  for  such  candidates; 

.  and  may  designate  a  brief  name  or  title  of  the  party  or  principle  which 
said  candidates  represent,  together  with  any  simple  figure  or  device  by 
which  they  shall  be  designated  on  the  ballots.  The  certificate  of  nomi- 
nation by  a  convention  or  primary  election  shall  be  in  writing,  and  shall 


167 

contain  the  name  of  each  person  nominated,  his  residence  and  the  office 
for  which  he  is  nominated,  and  shall  designate  a  title  for  the  party  or 
principle  which  such  convention  or  primary  election  represents,  together 
with  any  simple  figure  or  device  by  whiih  its  list  of  candidates  may  be 
designated  on  the  ballots;  said  certificate  shall  be  signed  by  the  presiding 
officer  and  secretary  of  such  convention,  or  by  the  chairman  and  secretary 
of  the  county,  city  or  township  committee,  who  shall  add  to  their  signa- 
tures their  respective  places  of  residence,  and  acknowledge  the  same 
before  an  officer  duly  authorized  to  take  acknowledgments  of  deeds.  If 
the  certificate  of  nomination  of  any  state  convention  shall  request  that 
the  figure  or  device  selected  by  such  convention  be  used  to  designate  the 
candidates  of  such  party  on  the  ballots  for  all  elections  throughout  the 
state  such  figure  or  device  shall  be  so  used  until  changed  by  request  of  a 
subsequent  state  convention  of  the  same  party.  Such  device  may  be  the 
figure  of  a  star,  an  eagle,  a  plow,  or  some  such  appropriate  symbol,  but 
the  coat  of  arms  or  seal  of  the  state  or  of  the  United  States,  the  national 
flag,  or  any  other  emblem  common  to  the  people  at  large  shall  not  be 
used  as  such  device.  A  certificate  of  such  acknowledgment  shall  be 
appended  to  such  instrument.  In  case  of  death,  resignation  or  removal 
of  any  candidate  subsequent  to  nomination,  unless  a  supplemental  certifi- 
cate or  petition  of  nomination  be  filed,  the  chairman  of  the  state,  county, 
city  or  township  committee  shall  fill  such  vacancy.  In  case  of  division 
in  any  party,  and  claim  by  two  or  more  factions  to  the  same  party  name, 
or  title,  or  device,  the  board  of  election  commissioners  shall  give  the  pref- 
erence of  name  to  the  convention  held  at  the  time  and  place  designated 
in  the  call  of  the  regularly  constituted  party  authorities,  and  if  the  other 
faction  shall  present  no  other  party  name,  title  or  device  the  board  of 
election  commissioners  shall  select  a  name  or  title  and  plate  the  same 
before  the  list  of  candidates  of  said  faction  on  the  ballot,  and  select  some 
suitable  device  to  designate  its  candidates.  If  two  ©r  more  conventions 
be  called  by  authorities  claimed  to  be  the  rightful  authorities  of  any 
party,  the  proper  board  of  election  commissioners  shall  select  some  suit- 
able devices  to  distinguish  one  faction  from  the  other,  and  print  the 
ballots  accordingly:  Provided,  however,  that  if  any  political  party  entitled 
to  nominate  by  convention  shall  in  any  case  fail  to  do  so,  the  names  of 
all  nominees  by  petition  for  any  office  who  shall  be  designated  in  their 
petitions  as  members  of  and  candidates  of  such  party,  shall  be  printed 
under  the  device  and  title  of  such  party  on  the  ballots,  as  if  nominated 
by  convention.  Certificates  and  petitions  of  nomination  of  candidates  for 
officers  to  be  voted  [for]  by  the  electors  of  the  entire  state  shall  be  filed 
with  the  governor  of  the  state.  Certificates  and  petitions  of  nomination 
of  candidates  for  officers  to  be  voted  for  by  electors  of  any  district  or 
division  of  the  state  exclusively  shall  be  filed  with  the  clerks  of  the  circuit 
courts  of  the  counties  or  county  included  in  or  including  such  districts  or 
division.  (R.  S.  1908  and  1914,  §6899;  R.  S.  1901,  §6215;  R.  S.  1897, 
§6511;  R.  S.  1894,  §6215;  E.  S.,  §1340.) 

The  duty  to  place  on  the  offiicial  ballot  in  the  proper  column  the 
names  of  the  nominees  selected  "at  the  time  and  place  designated  in  the 
call  of  the  regularly  constituted  party  authorities"  may  be  enforced  by 
mandamus.    State  vs.  Board,  167  Ind.  276. 


168 

134.  Superior  Court — Election  of  Judges. 

In  all  counties  of  this  state,  having  a  superior  court  consisting  of  two 
or  more  judges,  such  court  shgll  be  divided  into  rooms  and  such  rooms 
numbered  consecutively,  beginning  with  No.  1,  and  the  judges  of  said 
court  shall  be  nominated  and  elected  by  rooms:  Provided,  that  any  one 
of  said  judges  shall  have  full  power  and  authority  to  sit  as  judge  in  the 
other  rooms  of  said  court.     (R.  S.  1914,  Sec.  1463.) 

[Acts  1905,  p.  193.] 

135.  Signatures  to  Petition  Must  Be  Acknowledged. 

12.  No  name  upon  any  petition  for  nomination  shall  be  considered 
by  the  city  or  county  board  of  election  commissioners  unless  the  same  be 
signed  by  the  petitioner  in  person  or  by  his  mark  duly  attested,  and  no 
petition  for  nomination  shall  be  effectual  to  authorize  the  name  petitioned 
for  to  appear  upon  the  official  ballot  unless  the  signatures  of  such  petition 
to  the  number  required  by  law  shall  be  duly  acknowledged  before  some 
officer  authorized  to  take  acknowledgments.  (R.  S.  1908  and  1914,  §6967; 
R.  S.  1905,  §6275f.) 

[1889,  p.  157.    Approved  May  6,  1889.    In  force  May  10,  1889.] 

136.  Preservation  of  Petitions. 

20.  The  governor  of  the  state  and  county  clerks  shall  cause  to 
be  preserved  in  their  respective  offices  all  certificates  and  petitions  of 
nominations  filed  therein  under  the  provisions  of  this  act  for  six  months 
after  the  election  for  which  such  nominations  were  made.  (R.  S.  1908 
and  1914,  §6901;  R.  S.  1901,  §6217;  R.  S.  1897,  §6513;  R.  S.  1894,  §6217; 
E.  S.,  §1342.) 

137.  When  to  Be  Filed. 

21.  Certificates  and  petitions  of  nominations  filed  with  the  gover- 
nor of  the  state  shall  be  filed  not  more  than  sixty  days,  and  not  less 
than  twenty  days,  before  the  day  fixed  by  the  law  for  the  election  of 
the  persons  in  nomination.  Certificates  and  petitions  of  nomination 
herein  directed  to  be  filed  with  the  clerk  of  a  county  shall  be  filed  not 
more  than  sixty  and  not  less  than  fifteen  days  before  election.  (R.  S. 
1908  and  1914,  §6902;  R.  S.  1901,  §6218;  R.  S.  1897,  §6514;  R.  S.  1894, 
§6218;  E.  S.,  §1343.) 

138.  Governor's  Certificate. 

2.  Not  less  than  eighteen  days  before  an  election  of  the  state  to 
fill  any  public  office  for  which  all  the  electors  are  entitled  to  vote  the 
governor  of  the  state  shall  certify  to  the  county  clerk  of  each  county 
the  name  and  the  place  of  residence  of  each  person  nominated  for  such 
office,  as  specified  in  the  certificates  and  petitions  of  nominations  filed 
with  the  governor  of  the  state,  and  shall  designate  therein  the  device 
under  which  the  group  or  list  of  candidates  of  each  party  will  be  printed, 
and  the  order  in  which  they  will  be  arranged.     (R.  S.  1908  and  1914, 


169 

§6903;  R.  S.  1901,  §6219;  R.  S.  1897,  §6515;  R.  S.   189^,  §6219;  E.  S., 
§1344.) 

1.  The  next  section  of  the  original  act  is  repealed.  It  was  Section 
23.    See  1891,  p.  126;  1893,  p.  154. 

139.  Resignations  of  Nominees. 

24.  The  governor  of  the  state  shall  not  certify  the  name  of  a 
candidate  whose  certificate  of  nomination  shall  have  been  filed  in  his 
office  and  who  shall  have  notified  him  in  a  writing  signed  and  executed 
with  the  formalities  prescribed  for  the  execution  of  an  instrument  to 
entitle  it  to  record  that  he  will  not  accept  the  nomination  contained  in 
the  certificate  or  petition  of  nomination.  The  county  clerk  shall  not 
include  in  the  publication  to  be  made  according  to  section  23  hereof 
the  name  of  any  candidate  whose  certificate  or  petition  of  nomination 
shall  have  been  filed  in  his  office  who  shall  have  notified  him  in  like 
manner  that  he  will  not  accept  the  nomination.  The  names  of  such  can- 
didates' shall  not  be  included  in  the  names  of  the  candidates  to  be 
printed  on  the  ballots  as  hereinafter  provided.  (R.  S.  1908  and  1914, 
§6904;  R.  S.  1901,  §6220;  R.  S.  1897,  §6516;  R.  S.  1894,  §6220;  E.  S., 
§1346.)    ' 

140.  Constitutional  Amendments. 

25.  Whenever  a  proposed  constitutional  amendment  or  other  ques- 
tion is  to  be  submitted  to  the  people  of  the  state  for  popular  vote, 
the  secretary,  of  state  shall  duly,  and  not  less  than  thirty  days  before 
election,  certify  the  same  to  the  clerk  of  each  county  in  the  state,  and 
the  clerk  of  each  county  shall  include  the  same  in  the  publication  pro- 
vided for  in  section  23  of  this  act.  (R.  S.  1908  and  1914,  §6907;  R.  S. 
1901,  §6221:  R.  S.  1897,  §6517;  R.  S.  1894,  §6221;  E.  S.,  §1347.) 

[H.  281.     Approved  March  13,  1919.] 

141.  Election  Ballots — Form  and  Printing. 

1.    The  board  of  election  commissioners  of  the  State  of  Indiana, 
the  boards   of  election   commissioners   of  the   several   counties   of   the 
state  and  the  boards  of  election  commissioners  of  the  several  cities  and 
towns  of  the  State  of  Indiana  shall  cause  the  names  of  all  candidates  of 
their  respective  jurisdiction  to  be  printed  on  one   (1)  ballot,  all  nomi- 
nations of  any  party  or  group  of  petitioners  being  placed  under  the  title 
and  device  of  such  party  or  petitioners  as  designated  by  them  in  their 
certificate  or  petition,  or  if  none  be  designated,  under  some  suitable  title 
and  device.    The  ballots  shall  be  of  uniform  size  and  of  the  same  quality 
and  color  of  paper,  and  sufficiently  thick  that  the  printing  cannot  be 
distinguished  from  the  back.     All  ballots  prepared  by  the  state  board 
^  of  election  commissioners  shall  be  printed  on  red  tinted  paper,  and  put 
up  in  blocks  of  one  hundred  (100)  each.     All  ballots  prepared  by  the 
?,l'^<;^^nty  boards  of  election  commissioners  shall  be  printed  on  white  paper 
oiexeept  the,  ballots  to  be  used  in  the  election  of  township  officers  shall  be 
0  printed  on  yellow  paper.    If  the  same  device  for  designating  candidates 
be  selected  by  two  (2)  parties  or  groups  of  petitioners,  it  shall  be  given 


170 


to  the  one  which  first  selected  it,  and  a  suitable  device  shall  be  selected 
for  the  other.  The  device  named  and  list  of  candidates  of  the  party 
which  cast  the  largest  number  of  votes  for  secretary  of  state  at  the 
last  preceding  general  election  shall  be  placed  in  the  first  column  on 
the  left-hand  side  of  said  ballot;  and  of  the  party  which  cast  the 
second  largest  number  of  votes  for  secretary  of  state  at  the  last  pre- 
ceding general  election  in  the  second  column;  and  of  any  other  party 
in  the  same  order.  The  device  of  each  party  shall  be  enclosed  in  a 
circle  of  not  less  than  one  and  one-half  (1^/^)  inches  in  diameter,  and 
shall  be  placed  at  the  head  of  the  list  of  candidates  of  the  party,  and  the 
following  words  shall  be  printed  around  the  outer  edge  of  each  of  said 
circles,  to-wit: 

"To  vote  a  straight  ticket  make  a  X  within  one  circle  and  not  else- 
where." 

Immediately  under  it  shall  be  placed  the  name  or  title  of  the  party 
ticket,  and  immediately  under  the  name  or  title  the  list  of  candidates 
of  the  party,  such  names  being  placed  three-fourths  of  one  inch  (%  of  1)  | 
apart  from  center  to  center  of  the  name,  the  name  of  each  candidate 
having  immediately  on  its  left  a  square  three-eighths  (%)  of  an  inch 
on  each  side,  and  the  general  arrangement  of  the  ballot  shall  conform 
as  nearly  as  possible  to  the  following: 


REPUBLICAN  TICKET 


DEMOCRATIC  TICKET 


REP. 


For  Governor 
JAMES  P.  GOODRICH 


DEM. 


For  Governor 
JOHN  A.  M.  ADAIR 


(As  amended  acts  1919,  p.  466.     R.  S.  1921,  Sec.  6908.) 

142.     Printing  of  Ballots  by  State  Board  of  Election  Commissioners. 

1.  That  it  shall  be  the  duty  of  the  state  board  of  election  commis- 
sioners to  cause  to  be  printed  a  sufficient  number  of  state  ballots  for 
the  voters  of  this  state  at  such  general  election,  but  said  state  board  of 
election  commissioners  shall  not  cause  to  be  printed  one  and  one-fourth 
ballots  for  each  vote  cast  at  the  last  preceding  general  election  in  pre- 
cincts in  which  voting  machines  are  in  use,  but  shall  only  cause  to  be 


171 

printed  for  such  precincts  such  number  of  ballots  as  in  their  judgment 
is  necessary  to  meet  any  emergency  which  may  arise.  (Acts  1920,  p.  160. 
R.  S.  1921,  Sec.  6908a.) 

143.  Nominee's  Name  on  Ballot  but  Once. 

2.  If  any  certificate  or  petition  of  nomination  shall  contain  the 
name  of  more  than  one  candidate  for  any  office  to  be  filled,  neither  name 
shall  be  printed  as  a  candidate  for  such  office.  If  any  person  shall  join 
in  nominating  by  petition  more  than  one  nominee  for  any  office  to  be 
filled  such  person  shall  not  be  counted  as  a  petitioner  for  either  nomi- 
nation. The  name  of  any  person  who  has  been  selected  or  nominated 
as  a  candidate  for  any  office,  by  convention,  petition  or  otherwise,  shall 
not  appear  in  more  than  one  place,  and  but  once  upon  a  ballot-  If  any 
person  has  been  nominated  as  a  candidate  for  the  same  office,  both  by 
petition  and  by  convention,  his  name  shall  be  placed  on  the  ballot  but 
once,  to-wit:  In  the  list  of  candidates  nominated  by  such  convention; 
and  the  place  occupied  by  his  name  in  such  petition  shall  be  left  blank: 
Provided,  That  if  such  candidate  shall  in  writing  signed  and  acknowl- 
edged before  some  person  authorized  to  take  adcknowledgments,  prior 
to  the  last  day  for  filing  nominations,  request  that  his  name  be  printed 
as  nominated  by  petition,  it  shall  be  so  printed,  and  shall  be  omitted 
from  the  list  nominated  by  convention.  (R.  S.  1908  and  1914,  §6900; 
R.  S.  1901,  §6216;  R.  S.  1897,  §6519.) 

144.  Candidate  to  Elect  Nomination. 

5.  Whenever  any  person  has  been  nominated  by  two  or  m.ore 
parties  either  by  convention,  petition  or  otherwise,  he  shall  make  his 
election  as  to  which  of  such  nominations  he  will  accept,  in  writing, 
signed  and  acknowledged  before  some  officer  authorized  to  take  ac- 
knowledgments, and  file  the  same  with  the  proper  board  of  election  com- 
missioners. Where  a  person  has  been  so  nominated  for  an  ofiice  for 
which  all  electors  of  the  state  may  vote,  he  shall  file  his  election  with 
the  state  board  of  election  commissioners,  not  more  than  sixty  nor  less 
than  twenty  days,  before  the  day  fixed  by  law  for  the  election  of  the 
persons  in  nomination;  and  when  a  person  has  been  so  nominated  for 
an  office,  wherein  it  is  required  by  law  to  file  the  certificate  or  petition 
of  such  nomination,  with  the  county  clerk,  he  shall  make  and  file  his 
election  with  the  clerk  of  the  county  in.  which  nomination  is  made,  if  for 
a  county  office,  and  with  the  clerks  of  all  the  counties  of  the  district  if 
for  a  district  office,  not  more  than  sixty  days  nor  less  than  fifteen  days 
before  election.  And  if  a  person  so  nominated  shall  not  make  and  file 
his  election  as  herein  provided,  with  the  proper  board  of  election  com- 
missioners, said  board  shall  make  such  election  for  him,  giving  prefer- 
ence to  the  nominations  made  Jby  conventions.  And  after  such  election 
is  made,  the  board  of  election  commissioners  shall  place  the  name  of 
such  person  in  the  list  of  nominees  under  the  party  name  and  device  as 
indicated  by  him  or  the  board  of  election  commissioners,  and  under  no 
other  device  and  not  elsewhere  upon  the  ballot.  (R.  S.  1908  and  1914, 
§6906;  R.  S.  1901,  §6220b;  R.  S.  1897,  §6520.) 


172 

145.  Registrations  of  Candidates — Vacancy. 

4.  If  any  candidate  whose  nomination  has  been  certified  according 
to  law  shall  wish  to  resign  from  such  ticket,  he  shall  file  his  resignation 
in  writing  with  the  officer  with  whom  such  certificate  of  nomination  was 
filed  within  three  days  after  the  filing  of  such  certificate  of  nomination, 
and  any  resignation  filed  after  the  time  mentioned  in  this  section  shall 
not  be  considered  by  the  board  of  election  commissioners:  Provided, 
That  no  resignation  shall  be  ^led  with  or  received  by  the  state  board  of 
election  commissioners  within  twenty  days  immediately  preceding  an 
election^  And  that  no  resignation  shall  be  filed  with  or  received  by  any 
county  board  of  election  commissioners  within  fifteen  days  immediately 
preceding  an  election:  Provided,  further,  That  should  any  vacancy  on  the 
ticket  occur  by  reason  of  the  death  of  any  candidate  whose  name  has 
been  legally  certified,  such  vacancy  shall  be  filled  as  now  provided  by 
law.    (R.  S.  1908  and  1914,  §6905;  R.  S.  1901,  §6220a;  R.  S.  1897,  §6521.) 

[1889,  p.  157.    Approved  March  6,  1889.    In  force  May  10,  1889.] 

146.  Vacancy  in  Nominations. 

27.  In  case  of  the  death,  removal  or  resignation  of  any  candidate 
after  the  printing  of  such  ballots  and  before  such  election,  it  shall  be 
lawful  for  the  chairman  of  the  state,  district  or  county  political  organ- 
ization of  which  such  candidate  was  a  member  to  make  a  nomination 
to  fill  such  vacancy,  and  provide  the  election  board  of  each  precinct  in 
which  such  candidate  is  to  be  voted  for  with  a  number  of  pasters  con- 
taining only  the  name  of  such  candidate  at  least  equal  to  the  number 
of  ballots  provided  each  precinct,  but  no  pasters  shall  be  given  to  or 
received  by  any  one  except  such  election  board  and  such  chairman,  and 
it  shall  be  the  duty  of  the  polling  clerk  to  put  one  of  such  pasters,,  in  a 
careful  and  proper  manner  and  in  the  proper  place,  on  each  ticket  before 
they  shall,  sign  their  initials  thereon.  (R.  S.  1908  and  1914,  §6909;  R.  S. 
1901,  §6223;  R.  S.  1897,  §6522;  R.  S.  1894,  §6223;  E.  S.,  §1349.) 

147.  Printer's  Duties — Penalty. 

28.  If  the  printer  of  such  ballots,  or  any  person  employed  in  print- 
ing the  same,  shall  give  or  deliver,  or  knowingly  permit  to  be  taken,  any 
of  said  ballots  by  any  person  other  than  a  member  of  the  board  of 
election  commissioners  for  which  such  ballots  are  being  printed,  or  shall 
print  or  cause  or  permit  to  be  printed  any  ballot  in  any  other  form  than 
the  one  prescribed  by  this  act,  or  vdth  any  other  names  thereon,  or 
with  the  names  spelled  or  the  names  or  devices  thereon  arranged  in 
any  other  way  than  that  authorized  and  directed  by  the  said  board  of 
election  commissioners  he  shall  be  guilty  of  felony,  and  on  conviction 
thereof,  shall  be  imprisoned  in  state  penitentiary  not  less  than  three 
nor  more  than  ten  years,  and  be  disfranchised  for  any  determinate  period 
not  less  than  ten  years.  (R.  S.  1908  and  1914,  §6010;  R.  S.  1901,  §6224; 
R.  S.  1S97,  §6523;  R.  S.  1894,  §6224;  E.  S.,  §1350.) 

[1907,  p.  282.    Approved  Mardi  9,  1907.    In  force  March  9,  1907.] 

148.  Distributing  Ballots. 

1.  It  shall  be  the  duty  of  each  county  clerk  to  appeal*  in  person,  or 
by  specially  authorized  deputy  bearing  credentials  given  under  the  seal 


173 

of  the  circuit  court,  at  the  office  of  the  governor  of  the  state,  not  more 
than  sixteen  nor  less  than  ten  days  prior  to  each  general  election,  and 
the  state  board  of  election  commissioners  shall  thereupon  deliver  to  said 
clerk  a  number  of  ballots  equal  [to]  the  number  of  voters  in  each 
precinct  of  his  county  at  the  last  presidential  election,  plus  25  per  cent, 
of  such  number  of  voters;  or,  if  a  new  precinct  has  been  established  in 
such  county  said  board  of  election  commissioners  shall  deliver  to  said 
clerk  a  number  of  ballots  equal  to  the  estimated  vote  in  such  new  pre- 
cinct as  reported  by  the  board  of  county  commissioners  of  the  county 
wherein  the  same  is  located,  plus  25  per  cent,  of  said  estimated  vote: 
Provided,  however,  That  if  it  shall  be  made  to  appear  by  the  affidavit 
of  such  clerk  that  any  precinct  has  so  increased  in  population  as  to 
have  50  per  cent,  more  voters  than  at  the  last  presidential  election,  or 
at  the  time  of  estimate  by  the  board  of  county  commissioners,  the  state 
board  of  election  commissioners  shall  deliver  to  him  a  number  of  ballots 
equal  to  the  number  of  voters  so  declared  by  him  under  oath  to  be  resi- 
dent within  said  precinct,  plus  25  per  cent,  of  such  number  of  voters. 
The  ballots  shall,  in  the  presence  of  the  clerk,  be  wrapped  and  tied  in 
packages,  plainly  marked,  one  for  each  precinct,  and  securely  sealed 
with  wax,  and  the  clerk  shall  give  his  receipt  for  the  same.  And  for 
the  safe  sealing  of  such  ballots,  such  board  shall  provide  itself  with  a 
seal  of  such  design  as  it  may  deem  proper,  but  the  same  design  shall 
not  be  used  for  any  two  consecutive  elections.  The  state  board  of  elec- 
tion commissioners  shall  also  provide  and  inclose  in  each  of  said  sealed 
packages  three  blue  pencils.  In  addition  to  the  precinct  packages,  the 
state  board  of  election  commissioners  shall  deliver  to  each  clerk  a  pack- 
age, wrapped  and  sealed  in  his  presence,  containing  two  thousand  state 
ballots,  and  twelve  blue  pencils,  which  package  shall  remain  in  the 
custody  of  the  county  board  of  election  commissioners  and  shall  not  be 
opened  by  them  except  for  the  purpose  of  supplying  a  precinct  whose 
ballots  or  pencils  have  been  lost  or  destroyed,  on  due  showing  of  such 
fact  as  hereinafter  provided.  The  state  board  of  election  commissioners 
shall,  from  time  to  time,  certify  to  the  auditor  of  state  the  necessary 
expenses  of  the  preparation  and  distribution  of  the  state  ballots  and 
pencils,  and  the  auditor  shall  audit  and  issue  his  warrants  for  the  same, 
which  shall  be  paid  out  of  any  funds  in  the  state  treasury  not  otherwise 
appropriated.  (R.  S.  1908  and  1914,  §6911;  R.  S.  1901,  §6225;  R.  S.  1897, 
§6524;  R.  S.  1894,  §6225.) 

[1889,  p.  157.    Approved  March  6,  1889.    In  force  May  10,  1889.] 

149.     Clerk's  Allowance— Special  Messenger. 

30.  An  allowance  shall  be  made  to  the  clerk  by  the  board  of  county 
commissioners  of  five  cents  per  mile  for  the  distance  necessarily  traveled 
in  going  to  and  returning  from  the  office  of  the  governor  of  the  state; 
but  in  case  said  clerk  of  any  county  shall  fail  to  appear  at  the  office  of 
the  governor  of  the  state  by  the  close  of  the  tenth  day  prior  to  the  elec- 
tion, the  state  board  of  election  commissioners  shall  forthwith  dispatch 
a  special  messenger  to  such  county  with  the  ballots  for  the  county; 
which  messenger,  before  receiving  such  ballots,  shall  take  and  subscribe 
to  an  oath,  to  be  administered  to  him  by  the  secretary  of  state,  which 


174 

oath  shall  be  filed  with  said  board  of  election  commissioners,  and  shall 
be  in  the  words  following: 

State  of  Indiana,  | 

County,    (  ^^• 


I,    ,  swear   (or  affirm,  as  the  case  may   [be] 

that  I  will  take  charge  of  the  election  ballots  delivered  to  me  by  the 

state  board  of  election  commissioners  for  the  county  of , 

and  will  safely  deliver  said  ballots  in  sealed  packages,  and  in  the  same 
condition  as  received  by  me,  to  the  clerk  of  said  county  at  the  earliest 
time  that  I  can  reach  the  county  seat  of  said  county.     So  help  me  God. 


Subscribed  and  sworn  to  before  me  this day  of 

,19... 


And  in  such  case  said  messenger  shall  be  allowed  three  dollars  per 
day  for  the  time  necessarily  employed,  and  three  cents  per  mile  for  the 
distance  necessarily  traveled  by  him,  which  allowance  shall  be  certified 
to  the  treasurer  of  such  county,  and  deducted  from  the  first  moneys 
thereafter  accruing  to  such  clerk  payable  by  the  treasurer.  The  amount 
so  deducted  shall  be  remitted  by  the  county  treasurer  to  the  treasurer 
of  state.  (R.  S.  1908  and  1914,  §6912;  R.  S.  1901,  §6226;  R.  S.  1897, 
§6525;  R.  S.  1894,  §6226;  E.  S.,  §1352.) 

150.  Permitting  Ballots  to  Be  Taken  Away — Penalty. 

31.  If  any  member  of  the  board  of  election  commissioners  shall 
give  or  deliver  to  any  other  person  any  of  said  ballots,  or  shall  permit 
any  of  them  to  be  taken  away,  except  as  herein  provided,  he  or  they 
shall  be  guilty  of  a  felony,  and  on  conviction  shall  be  punished  by  im- 
prisonment in  the  state  penitentiary  for  not  less  than  three  nor  more 
than  ten  years,  and  be  disfranchised  for  any  determinate  period  not  less 
than  ten  years.  (R.  ,S.  1908  and  1914,  §6913;  R.  S.  1901,  §6227;  R.  S. 
1897,  §6226;  R.  S.  1894,  §6227;  E.  S.,  §1353.) 

151.  Taking  Ballots  Away — Penalty. 

32.  If  any  person  shall  take  or  remove  in  any  manner  feloniously  or 
with  the  consent  or  permission  of  the  custodian  for  the  time  from 
any  place  where  they  may  lawfully  be  under  this  act,  any  of  such 
ballots  or  stamps  [pencils],  or  be  found  in  custody  or  possession  of 
such  ballots  or  stamps  [pencils]  (except  as  an  official  or  custodian  under 
this  act,  or  while  within  the  polling  place  for  the  purpose  of  voting); 
or  if  any  such  custodian  or  official  shall  consent  to,  or  permit,  any  of 
such  ballots  or  stamps  [pencils]  to  be  removed  or  carried  away  from  the 
place  where  they  may  lawfully  be  by  any  person  except  an  official  or 
custodian  under  this  act  whose  duty  it  is  to  receive  the  same,  such 
person,  custodian  or  official  shall  be  deemed  guilty  of  a  felony,  and 
on  conviction  shall  be  punished  by  imprisonment  in  the  penitentiary  at 
hard  labor  for  not  less  than  three  nor  more  than  ten  years,  and  be  dis- 
franchised for  any  determinate  period  not  less  than  ten  years.  (R.  S. 
1908  and  1914,  §6914;  R.  S.  1901,  §6228;  R.  S.  1897,  §6527;  R.  S.  1894,- 
§6228;  E.  S.,  §1354.) 


175 

152.  Distribution  of  Ballots. 

33.  It  shall  be  the  duty  of  each  election  inspector,  or  in  case  he  can 
not  attend,  some  other  member  of  the  election  board  authorized  in  writ- 
ing by  the  inspector,  to  appear  at  the  office  of  the  clerk  of  the  circuit 
court  of  his  county  not  more  than  three  nor  less  than  two  days  before 
each  election,  and  the  county  board  of  election  commissioners  shall  de- 
liver to  him  the  sealed  packages  of  ballots  and  the  stamps  provided  for 
his  precinct  by  the  state  board  of  election  commissioners,  and  also  ten 
of  the  local  ballots  printed  under  the  direction  of  the  county  board  of 
election  commissioners  of  each  five  or  fraction  thereof  of  the  number  of 
votes  cast  at  such  precinct  at  the  last  presidential  election;  or  if  a  new 
precinct  for  each  five  or  fraction  of  five  votes,  as  estimated  by  the  county 
commissioners:  Provided,  however,  That  in  case  it  be  made  to  appear 
by  affidavit  of  such  inspector  that  the  number  of  voters  in  his  precinct 
has  increased  more  than  fifty  per  cent,  since  the  last  presidential  elec- 
tion or  estimate  by  the  board  of  county  commissioners,  there  shall  be 
delivered  to  him  two  ballots  for  each  voter  so  declared  under  oath  by 
him  to  reside  in  the  precinct.  The  local  ballots  shall  be  wrapped  and 
tied  in  packages  and  securely  sealed  with  wax  in  the  presence  of  said 
inspector  or  his  representative,  who  shall  receipt  for  the  same;  and  for 
the  safe  sealing  of  such  ballots  the  county  board  of  election  commission- 
ers shall  provide  themselves  with  a  seal  of  such  design  as  they  may  deem 
proper,  but  the  same  design  shall  not  be  used  at  any  two  consecutive 
elections,  and  said  packages  shall  not  be  opened  until  delivered  to  the 
election  board  of  the  respective  voting  precincts  to  which  they  are  di- 
rected, and  said  boards  shall  be  fully  organized  and  ready  for  the  recep- 
tion of  votes  as  in  this  act  provided.  (K.  S.  1908  and  1914,  §6915;  R.  S. 
1901,  §6229;  R.  S.  1897,  §6528;  R.  S.  1894,  §6229;  E.  S.,  §1355.) 

[1897,  p.  49.     Approved  February  23,  1897.     In  force  April  14,  1897.] 

153.  Opening  Packages — Clerk's  Initials. 

8,  At  the  opening  of  the  polls,  after  the  organization  of  and  in  the 
presence  of  the  election  board,  the  inspector  shall  open  the  packages  of 
ballots  in  such  a  manner  as  to  preserve  the  seals  intact.  He  shall  then 
deliver  to  the  poll  clerk  of  the  opposite  political  party  from  his  own 
twenty-five  each  of  the  state  and  local  ballots;  and  to  the  other  poll 
clerk  a  blue  pencil  for  marking  the  ballots.  The  poll  clerks  shall  at  once 
proceed  to  write  their  initials  in  ink  on  the  lower  left-hand  corner  of 
the  back  of  each  of  said  ballots  in  their  ordinary  handwriting,  and  with- 
out any  distinguishing  mark  of  any  kind.  As  each  successive  elector 
calls  for  a  ballot  the  poll  clerks  shall  deliver  to  him  the  first  signed  of 
the  'twenty-five  ballots  of  each  kind;  and  the  inspector  shall  immedi- 
ately deliver  to  the  poll  clerks  another  ballot  of  each  kind,  which  the 
poll  clerks  shall  at  once  countersign  as  before,  and  add  to  the  ballots 
already  countersigned,  so  that  it  shall  be  delivered  for  voting  after  all 
those  theretofore  countersigned.  (R.  S.  1908  and  1914,  §6916;  R.  S.  1901, 
§6230;  R.  S.  1897,  §6529.) 


176 

[1889,  p.  157.    Approved  March  6,  1889.    In  force  May  10,  1889.] 

154.  Cards — Instructions — Posting  Up  Ballots. 

35.  The  county  board  of  election  commissioners  of  each  county  shall 
cause  to  be  printed  in  large  type  on  cards,  in  English  and  such  other 
language  as  they  deem  necessary,  instructions  for  the  guidance  of  elec- 
tors in  preparing  their  ballots.  They  shall  furnish  twelve  of  such 
cards  in  each  of  the  languages  determined  upon  by  them  to  each  of  the 
election  inspectors  at  the  same  time  they  deliver  to  him  the  ballots  for 
his  precinct.  Each  inspector  shall  cause  to  be  posted  one  of  each  of 
said  cards  in  each  place  or  compartment  provided  for  the  preparation 
of  ballots,  and  one  of  each  kind  of  such  cards  at  or  near  to  the  outer  end 
of  the  chute  leading  to  the  polling  place,  and  not  nearer  than  fifty  feet 
of  the  polling  place,  and  not  less  than  three  of  each  of  such  cards,  and 
three  samples  of  each  of  the  state  and  local  ballots  in  and  about  the 
polling  place  at  the  opening  of  the  polls  on  the  day  of  election,  which 
sample  ballots  shall  be  printed  on  different  colored  paper  than  the 
genuine  ballots.  Said  cards  shall  contain  full  instructions  to  the  voters 
as  to  what  must  be  done.  First,  to  obtain  ballots  for  voting;  second, 
to  prepare  the  ballots  for  voting;  third,  to  obtain  a  new  ballot  in  place 
of  one  accidentally  defaced,  mutilated  or  spoiled;  also  copies  of  sections 
43,  50,  55,  56,  59  and  60  of  this  act.  (R.  ,S.  1908  and  1914,  §6917;  R.  S. 
1901,  §6231;  R.  S.  1897,  §6530;  R.  S.  1894,  §6231;  E.  S.,  §1357.) 

155.  Special  Messenger. 

36.  In  case  any  inspector  or  his  representative  shall  fail  to  appear 
at  the  office  of  the  county  clerk  at  the  close  of  the  second  day  prior  to 
any  election,  the  county  board  of  election  commissioners  shall  forth- 
with dispatch  a  special  messenger  to  his  precinct  with  the  ballot  and 
stamps  [pencils]  for  such  precinct.  Such  messenger  shall  be  allowed 
two  dollars  for  his  time  and  five  cents  per  mile  for  the  distance  traveled 
by  him,  and  shall  promptly  report  to  such  clerk  and  file  with  him  the 
receipt  of  the  person  to  whom  he  delivered  such  ballots  and  stamps 
[pencils],  and  his  affidavit  stating  when  and  to  whom  he  delivered  such 
ballots  and  stamps  [pencils],  and  such  inspector  shall  receive  no  com- 
pensation for  his  services  at  such  election.  (R.  S.  1908  and  1914,  §6232; 
R.  S.  1897,  §6531;  R.  S.  1894,  §6232;  E.  S.,  §1358.) 

156.  Failure  of  Inspector  to  Appear. 

37.  Any  inspector  who  shall  wilfully  or  negligently  fail  to  appear 
at  the  clerk's  office,  in  person  or  by  representative,  as  herein  provided, 
shall  be  guilty  of  [a]  misdemeanor,  and  on  conviction  shall  be  fined  not 
less  than  ten  dollars  nor  more  than  one  hundred  dollars,  and  shall  there- 
after be  incompetent  to  serve  as  inspector.  (R.  S.  1908  and  1914,  §6919; 
R.  S.  1901,  §6233;  R.  S.  1897,  §6532;  R.  S.  1894,  §6233;  E.  S.,  §1359.) 

157.  Ballots  Lost. 

38.  If  by  any  accident  or  casualty  the  ballots  delivered  to  any 
clerk,  inspector,  or  other  messenger  shall  be  lost  or  destroyed,  it  shall  be 
the  duty  of  such  persons  in  custody  to  report  the  loss  at  once  to  the 
board  of  election  commissioners  from  which  the  same  were  obtained,  and 


177 

make  affidavit  of  the  circumstances  of  the  loss,  whereupon  such  board 
shall  at  once  re-supply  such  person.  In  case  such  person  in  custody  fails 
or  refuses  to  report  and  make  proof  of  the  loss,  any  qualified  elector 
may  do  so,  and  thereupon  such  board  shall  at  once  send  a  new  supply 
by  special  messenger,  as  provided  in  other  cases.  In  case,  for  any  reason, 
there  should  be  found  no  ballots  or  other  necessary  means  or  contriv- 
ances for  voting  at  the  opening  of  the  polls,  it  shall  be  the  duty  of  the 
election  board  to  secure  the  same  as  speedily  as  possible;  and,  if  neces- 
sary, such  board  may  have  ballots  printed:  Provided,  however.  That 
such  ballots  shall  conform  as  nearly  as  possible  to  the  genuine  ballots, 
and  the  printing  and  the  care  of  the  same  shall  be  under  the  same 
provisions  and  penalties  as  the  printing  and  care  of  the  other  ballots 
prescribed  in  this  act.  (R.  S.  1908  and  1914,  §6920;  R.  S.  1901,  §6234; 
R.  S.  1897,  §6533;  R.  S.  1894,  §6234;  E.  S.,  §1360.) 

158.  Destroying  Ballots  Not  Used — Record. 

39.  The  various  boards  of  election  commissioners  shall  preserve 
the  ballots  that  are  left  over  in  their  hands  after  supplying  the  pre- 
cincts as  hereinbefore  provided,  until  6  o'clock  p.  m.  of  the  day  of 
election,  and  shall  then  count  and  destroy,  by  totally  consuming  by  fire, 
all  of  such  ballots  but  one,  which  shall  be  securely  pasted  in  the  election 
record  immediately  preceding  the  place  where  the  vote  is  to  be  recorded. 
They  shall  also  cause  to  be  entered  below  such  ballot  the  number  of 
ballots  printed  by  them,  the  number  delivered  to  each  messenger  and 
the  number  destroyed  by  them.  (R.  S.  1908  and  1914,  §6921;  R.  S.  1901, 
§6235;  R.  S.  1897,  §6534;  R.  S.  1894,  §6235;  E.  S.,  §1361.) 

[1897,  p.  49.     Approved  February  23,  1891.     In  force  April  14,  1897.] 

159.  Rooms — Booths. 

6.  It  shall  be  the  duty  of  the  county  commissioners  in  each  county 
before  each  election  to  provide  for  and  secure  in  each  precinct  of  the 
county  a  suitable  room  in  which  to  hold  the  election,  and  to  have  placed 
therein  a  railing  separating  the  part  of  the  room  to  be  occupied  by  the 
election  board  from  the  remainder  of  the  room,  and  also  three  booths,  or 
compartments,  in  which  electors  shall  mark  their  ballots,  screened  from 
observation,  each  containing  a  counter  or  shelf.  Booths  shall  be  so  con- 
structed and  arranged  that  all  the  members  of  the  election  board  can  see 
whether  more  than  one  voter  enters  any  one  of  such  booths  at  one  time, 
and  each  and  every  member  of  any  election  board  allowing  any  booth 
or  compartment,  in  which  an  elector  is  preparing  his  ballot,  to  be  used 
without  a  screen  or  such  screen  being  so  arranged^as  not  to  shield  the 
preparation  of  the  ballot  from  observation,  shall  upon  conviction  there- 
for, be  fined  for  each  offense  in  any  sum  not  exceeding  one  hundred 
dollars  ($100)  nor  less  than  five  dollars  ($5),  to  which  may  be  added 
imprisonment  in  the  county  jail  not  exceeding  nin[e]ty  days.  The 
portion  of  the  room  set  apart  for  the  election  board  shall  include  a 
window,  at  which  the  voter  shall  appear  for  challenge,  and  such  voter 
shall  immediately  announce  his  full  and  true  name  to  the  challengers. 
The  board  of  county  commissioners  shall  also  provide  for  each  precinct 
a  chute  or  passage  with  a  railing,  rope  or  wire  on  each  side  commenc- 

12—22129 


178 

ing  fifty  feet  away  from  and  leading  to  such  polling  place,  passing  such 
window  for  challenge  and  thence  to  the  entrance  of  the  room  in  which 
the  election  is  held.  The  expenses  of  such  preparation  shall  be  de- 
frayed as  other  expenses  of  the  county  by  the  board  of  county  com- 
missioners. No  election  shall  be  held  in  a  room  in  which  spirituous, 
vinous,  malt  or  other  intoxicating  liquors  are  kept  or  sold.  (R.  S.  1908 
and  1914,  §6922;  R.  S.  1901,  §6236;  R.  S.  1897,  §6535.) 

[1899,  p.  60.  Approved  February  17,  1899.  In  force  April  28,  1899.] 
160.     Challengers— Who  May  Stand  Near  Polls. 

41.  One  challenger  and  one  poll-book  holder,  appointed  and  desig- 
nated by  each  party  organization,  shall  be  entitled  to  stand  at  the  sides 
of  the  chute  near  the  challenge  window.  No  other  person  shall  remain 
within  fifty  feet  of  the  same,  except  for  the  purpose  of  offering  his 
vote;  and  voters  shall  approach  and  enter  the  chute  in  the  order  in 
which  they  appear  for  the  purpose  of  voting.  If  any  person  offering 
to  vote  shall  be  challenged  by  one  of  such  challengers  or  by  any  mem- 
ber of  the  election  board,  he  shall  stand  aside  and  shall  not  be  entitled 
to  vote  unless  he  makes  affidavit  in  writing  that  he  is  a  qualified  and 
legal  voter  of  the  precinct,  and  such  affidavit  sets  forth  his  name,  resi- 
dence, occupation,  place  or  places  of  residence  during  the  six  months 
prior  to  the  election,  with  the  date  of  any  removal  within  that  time, 
and  the  names  of  two  persons  who  have  personal  knowledge  of  his  resi- 
dence in  the  precinct  thirty  days  and  the  township  sixty  days,  and  shall, 
in  case  he  be  a  person  required  by  this  act  to  be  registered,  also  produce 
the  necessary  certificate  of  registration  provided  for  in  this  act.  He 
shall  then  be  allowed  to  vote,  unless  the  challenger  or  some  qualified 
voter  of  the  precinct  makes  affidavit  in  writing  that  he  knows  or  is  in- 
formed and  verily  believes  that  the  person  offering  to  vote  is  not  a  legal 
voter  in  the  precinct;  and  if  the  affidavit  be  on  information  and  belief 
he  shall  set  forth  the  names  of  the  person  or  persons  from  whom  such 
information  was  obtained,  and  the  person  offering  to  vote  shall  not  there- 
after be  allowed  to  vote,  except  one  qualified  voter  of  the  precinct,  who 
has  been  a  freeholder  and  resident  householder  in  the  precinct  for  at 
last  one  year  or  a  resident  householder  for  two  years  next  preceding 
such  election  shall  make  affidavit  or  affirmation  in  writing  that  of  his 
personal  knowledge  such  person  offering  to  vote  is  a  legal  voter  at  the 
precinct:  Provided,  That  if  the  person  offering  to  vote  shall  make 
affidavit  that  there  is  no  person  of  his  political  party  residing  in  the 
precinct  who  has  been  a  freeholder  or  resident  householder  as  provided 
for  in  this  act,  then  the  affidavit  or  affirmation  of  any  qualified  voter 
shall  be  accepted  by  said  election  board:  Provided  further.  That  if  such 
person  so  offering  to  vote  be  challenged  solely  or  for  the  additional 
reason  that  he  is  not  a  citizen  of  the  United  States,  then  such  person 
so  challenged  for  such  reason  shall  take  and  subscribe  the  following 
oath: 

I  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I  have 
resided  in  the  United  States  one  year,  and  have  declared  my  intention 
of  becoming  a  citizen  thereof  in  conformity  with  the  laws  thereof. 


179 

The  other  affidavit  herein  referred  to  shall  be  in  the  following  form: 
I  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I  am  a 
citizen  of  the  United  States;  that  I  am  now  over  the  age  of  twenty- 
one  years  to  the  best  of  my  information  and  belief;  and  that  I  have 
been  a  bona  fide  resident  of  this  state  for  six  months  immediately  pre- 
ceding this  election;  that  I  have  resided  in  fhe  township  sixty  days  and 
in  the  precinct  thirty  days,  and  that  I  am  a  bona  fide  resident  of  this 
precinct;  that  I  am  generally  known  by  the  name  in  which  I  now  desire 

to  vote,  which  is    ;   that   I  have 

not  voted  and  will  not  vote  in  any  other  precinct  in  this  election;  that 

my  occupation  is ;  that  my  present 

residence  is   (if  in  the  city  or  town 

give  the  street  or  number),  and  that  during  the  last  six  months  prior 

to  this  election  I  have  resided  at , 

I  have  removed  from to 

on  the  following  date and  that 

and have  personal  knowledge  of  my  resi- 
dence in  the  precinct  thirty  days  and  in  the  township  sixty  days. 


I  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  there  is 
no  legal  voter  in  this  precinct  who  has  been  a  freeholder  and  resident 
householder  in  the  precinct  for  one  year,  or  a  resident  householder  for 
two  years  next  preceding  this  election,  belonging  to  the  same  political 
party  to  which  I  belong  and  whose  candidates  I  wish  to  support. 


I  swear  that  I  am  informed  and  believe  that 

now  offering  to  vote,  is  not  a  legal  voter  in  this  precinct,  and  that 

obtained  such  information  from 

and 


I  do  solemnly  swear   (or  affirm,  as  the  case  may  be)  that  I  am  a 

qualified  voter  in  this  precinct;  that , 

who  now  desires  to  vote,  has  resided  in  this  state  for  six  months  immedi- 
ately preceding  this  election;  that  he  has  resided  in  this  township  sixty 

days,  and  in  this  precinct  thirty  days,  at ; 

that  he  is  now  a  bona  fide  resident  of  this  precinct  and  a  legal  voter 
therein.     These  facts  I  know  of  my  own  personal  knowledge. 


I  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I  am  a 
qualified  voter  in  this  precinct;  that  I  have  been  a  freeholder  and  resi- 
dent householder  in  this  precinct  for  one  year,  or  a  resident  householder 

for  two  years  next  preceding  this  election;  that , 

who  now  desires  to  vote,  has  resided  in  this  state  for  six  months  immedi- 
ately preceding  this  election;  that  he  has  resided  in  this  township  sixty 

days,  and  in  this  precinct  thirty  days,  at ; 

that  he  is  now  a  bona  fide  resident  of  this  precinct  and  a  legal  voter 
therein.    These  facts  I  know  of  my  own  personal  knowledge. 


(R.  S.  1908  and  1914,  §6923;  R.  S.  1901,  §6237.) 


180 

[1889,  p.  157.     Approved  March  6,  1889.     In  force  May  10,  1889.] 

161.  Arrest  of  Illegal  Voter. 

42.  If  at  any  time  during  the  election  any  qualified  elector  shall 
make  affidavit  before  the  inspector  that  any  person  who  has  voted  is 
an  illegal  voter  in  such  precinct,  the  person  accused  shall  at  once  be 
arrested  by  the  election  sheriffs  and  by  them  delivered  to  the  civil 
authorities.  Immediately  after  the  close  of  the  election  the  inspector 
shall  deliver  such  affidavits  to  some  justice  of  the  peace  in  the  township, 
who  shall  proceed  thereon  as  if  the  affidavit  had  been  made  before  him. 
(R.  S.  1908  and  1914,  §6924;  R.  S.  1901,  §6238;  R.  S.  1897,  §6537;  R.  S. 
1894,  §6238;  E.  S.,  §1364.) 

162.  Perjury,  False  Affidavit. 

43.  Whoever  shall  knowingly  or  wilfully  make  a  false  affidavit 
under  any  of  the  provisions  of  this  act,  shall  be  deemed  guilty  of 
perjury.  (R.  S.  1908  and  1914,  §6925;  R.  S.  1901,  §6239;  R.  S.  1897, 
§6538;  R.  S.  1894,  §6239;  E.  ,S.,  §1365.) 

[1891,  p.  124.    Approved  March  6,  1891.    In  force  June  3,  1891.] 

163.  Election  Holidays — Preventing  Employes  Voting. 

44.  No  person  entitled  to  vote  at  any  general,  national,  state  or 
county  election  shall  be  employed  upon  the  day  on  which  such  election 
shall  be  held  in  any  manufacturing,  mining,  mechanical  or  mercantile 
establishment  or  any  railroad  corporation  in  this  state  during  the  period 
of  four  hours  after  the  opening  of  any  election  in  the  county  in  which 
such  person  is  entitled  to  vote,  except  as  to  works  of  necessity,  in  which 
works  of  necessity  every  employe  shall  be  given  some  period  of  four 
hours  between  the  opening  and  closing  of  the  polls  on  said  day;  and  any 
circuit  court  may  enforce  the  provisions  of  this  section  in  term  time  or 
in  vacation  by  mandate,  or  otherwise,  upon  the  application  of  any  voter: 
Provided,  however,  that  in  any  such  establishment  or  corporation  the 
employer  or  employes  may  agree  on  any  four  hours  between  the  opening 
and  closing  of  the  polls  that  will  be  most  convenient.  Every  officer  of 
any  corporation,  owner,  superintendent,  overseer  or  foreman,  who  employs 
or  permits  to  be  employed  any  person  in  violation  of  this  section,  shall 
be  guilty  of  a  misdemeanor,  and  fined  not  less  than  fifty  nor  more  than 
five  hundred  dollars.  (R.  S.  1908  and  1914,  §6926;  R.  S.  1901,  §6240;  R. 
S.  1897,  §6539;  R.  S.  1894,  §6240.) 

[1897,  p.  49.    Approved  February  23,  1897.    In  force  April  14,  1897.] 

164.  Manner  of  Voting. 

3.  When  a  voter*  shall  have  been  passed  by  the  challengers  or  shall 
have  been  sworn  in,  he  shall  be  admitted  to  the  election  room:  Provided, 
however,  that  not  more  than  three  voters  shall  be  allowed  in  the  room  at 
one  time.  On  entering  the  room  the  voter  shall  announce  his  name  to  the 
poll  clerks,  who  shall  register  it.  The  clerk  holding  the  ballots  shall 
deliver  to  him  one  state  and  one  local  ballot,  and  the  other  clerk  shall 
thereupon  deliver  to  him  a  blue  pencil,  and  both  poll  clerks,  on  request, 
shall  give  explanation  of  the  manner  of  voting.  If  deemed  necessary  by 
any  member  of  the  board  an  interpreter  may  be  called.     The  voter  shall 


181 

then,  and  without  leaving  the  room,  go  alone  into  any  one  of  the  booths 
which  may  be  unoccupied  and  indicate  the  candidates  for  whom  he  desires 
to  vote  by  making  a  cross,  thus  X  on  the  square  immediately  preceding 
their  names,  and  indicate  his  preference  on  any  question  of  constitutional 
amendments  or  other  special  matter  by  a  similar  mark  in  front  of  the 
words  "yes"  or  "no"  under  such  questions:  Provided,  however,  that  if 
he  shall  desire  to  vote  for  all  the  candidates  of  one  party  or  group  of 
petitioners  he  may  mark  in  the  large  circle  enclosing  the  device  and 
preceding  the  title  under  which  the  candidates  of  such  party  or  group  of 
petitioners,  are  printed,  and  the  vote  shall  then  be  counted  for  all  the 
candidates  under  that  title.  If  the  voter  marks  on  the  large  circle  enclos- 
ing the  device  he  shall  not  mark  elsewhere  on  the  ballot,  unless  there  be 
no  candidate  for  some  office  in  the  list  printed  under  such  device,  in  which 
case  he  may  indicate  his  choice  for  such  office  by  marking  the  square  to 
the  left  of  the  name  of  any  candidate  for  such  office  on  any  other  list. 
A  mark  on  the  ballot  in  violation  of  this  provision  shall  be  treated  as  a 
distinguishing  mark.  If  a  pencil  mark  touches  a  circle  or  a  square  it 
shall  be  counted  on  such  circle  or  square,  but  a  mark  that  touches  no 
circle  or  square  shall  be  treated  as  a  distinguishing  mark.  Before  leaving 
the  booth  or  compartment  the  voter  shall  fold  his  ballots  separately  so 
that  no  part  of  the  faces  thereof  shall  be  exposed,  and  so  that  the  initials 
of  the  poll  clerks  shall  be  exposed,  and  on  leaving  the  booth  or  compart- 
ment shall  return  the  pencil  to  the  poll  clerk  and  deliver  the  ballots  to  the 
inspector,  or  to  the  judge  who  may  temporarily  be  authorized  to  act  for 
him  who  shall  forthwith,  in  the  presence  of  the  voter  and  of  the  election 
board,  deposit  the  same  in  the  respective  boxes,  the  state  ballot  in  the  red 
ballot  box,  and  the  local  ballot  in  the  white  ballot  box;  and  the  ballot 
clerks  shall  write  the  words  "voted"  after  the  name  of  the  voter  on  the 
poll  lists:  Provided,  however,  that  if  an  elector  shall  show  his  ballot  or 
any  part  thereof  to  any  other  person,  after  the  same  shall  have  been 
marked,  so  as  to  disclose  any  of  the  candidates  voted  for,  such  ballot  shall 
not  be  deposited  in  the  ballot  box.  A  minute  of  such  occurrence  shall 
be  made  on  the  poll  list  and  such  person  shall  not  be  allowed  to  vote 
thereafter.  If  a  voter  shall  offer  to  vote  a  ballot  so  folded  as  not  to 
disclose  the  initials  of  the  poll  clerks,  and  also  not  disclosing  the  face  of 
the  ballot,  the  election  board  shall  direct  him  to  return  to  the  booth  and 
fold  his  ballot  properly.  After  voting  the  voter  shall  leave  the  room,  but 
no  voter  to  whom  a  ballot  and  pencil,  or  either,  have  been  delivered  shall 
be  permitted  to  leave  the  room  without  voting  the  ballots  or  returning 
them  to  the  poll  clerk,  or  without  returning  the  pencil  to  the  poll  clerk 
from  whom  he  received  it.  It  shall  be  unlawful  for  any  voter  to  attempt 
to  leave  the  room  with  a  ballot  or  the  pencil  used  in  marking  ballots  in 
his  possession.  And  any  voter  who  shall  attempt  to  leave  the  room  with 
a  ballot  or  such  pencil  in  his  possession  shall  be  at  once  arrested  on 
demand  of  any  member  of  the  electioh  board.  (R.  S.  1908  and  1914, 
§6927;  R.  S.  1901,  §6241;  R.  S.  1897,  §6540.) 

165.     Voting  by  Ballots  and  Machines. 

3.     If   in  the   judgment   of  the   county   board   of  election   commis- 
sioners the  number  of  voters  in  any  precinct  in  such  county  where  a 


182 

machine  is  used  for  voting,  is  so  large,  that  the  voting  machine  in  use  in 
such  precinct  will  not  be  sufficient  to  register  the  vote  of  all  the  voters 
in  such  precinct,  such  board  is  hereby  authorized  to  use  in  such  precinct, 
at  the  same  polling  place  therein  a  voting  machine  or  machines,  and  also 
printed  ballots,  and  in  such  case  the  voting  in  such  place  shall  be.  by 
voting  machine  and  by  printed  ballot.  The  voting  by  ballot  shall  be  under 
the  Australian  ballot  system  and  subject  to  all  the  restrictions  and  regu- 
lations prescribed  by  law  therefor.  In  any  such  precinct  the  voting 
therein  shall  be  under  the  charge  and  control  of  the  election  board  and 
officials  thereof.  If  at  the  general  election  held  in  1920  there  shall  be 
two  classes  of  voters,  one  class  having  the  full  elective  franchise  and  the 
other  only  a  partial  franchise,  then  the  class  having  full  elective  franchise 
shall  vote  by  machine,  and  the  other  class  vote  by  printed  ballot.  It  shall 
be  the  duty  of  said  board  of  election  commissioners  to  furnish  to  such 
precinct  the  necessary  ballots  and  other  paraphernalia  necessary  for  vot- 
ing by  ballot.  Said  board  of  election  commissioners  shall  when  it  deter- 
mines to  provide  for  voting  by  ballot  in  such  precincts,  notify  the  gov- 
ernor of  the  state  of  such  fact,  and  of  the  estimated  number  of  state 
ballots  that  will  be  required  in  such  precinct.     (R.  S.  1921,  Sec.  6881c.) 

[1891,  p.  130.     Approved  March  6,  1891.     In  force  June  3,  1891.] 

166.     "Paster  Ballots." 

46.  In  addition  to  the  state  and  local  ballot  which  the  clerk  is  to 
deliver  to  the  voter  in  the  election  room  under  the  provisions  of  section 
45  of  the  acts  of  which  this  act  is  an  amendment,  the  voter  may  take 
with  him  into  the  booth  a  printed  ballot  or  ballots  of  his  own  selection 
or  preparation  to  be  known  as  a  paster  ballot  or  ballots,  and  designed 
to  be  pasted  upon  either  state  or  local  ballot,  or  upon  each  of  them. 
If  such  paster  ballot  is  designed  to  be  pasted  upon  the  state  ballot,  it 
shall  be  in  the  nature  of  a  complete  ticket  and  shall  contain  a  complete 
list  of  all  offices  to  be  filled  at  the  election  where  used  by  the  vote  of 
the  electors  of  the  whole  state,  and  shall  contain  the  name  of  one  person 
for  each  and  every  one  of  such  offices.  If  such  paster  ballot  is  designed 
to  be  pasted  upon  the  local  ballot  it  shall  be  in  the  nature  of  a  com- 
plete ticket,  and  contain  a  complete  list  of  all  offices  to  be  filled  at  such 
election  for  the  filling  of  which  the  electors  of  the  county  where  used 
are  entitled  to  vote  other  than  offices  which  are  filled  by  the  vote  of 
the  electors  of  the  whole  state,  and  it  shall  also  contain  the  name  of 
one  person  for  each  and  every  one  of  such  offices  in  such  list.  The  said 
paster  ballots  shall  be  in  the  form  indicated  as  follows: 

For  Governor, 
COURTLAND  C.  MATSON. 

For  Lieutenant-Governor, 
WILLIAM  R.  MYERS. 

They  shall  be  printed  in  plain  black  ink  upon  white  paper.  The 
paper  shall  not  be  more  than  two  inches  in  width,  and  of  sufficient  length 
to  contain  the  complete  list  of  offices  and  names  as  above  specified.  The 
names  of  the  persons  upon  said  list,  as  well  as  of  the  offices,  shall  be 


i 


183 

printed  one  Delow  another  in  the  manner  above  indicated.  The  distance 
from  the  center  of  the  name  of  any  person  in  such  list  to  the  center  of 
the  name  of  the  person  immediately  below  in  such  list  shall  be  three- 
fourths  of  an  inch,  in  order  that  the  names  in  such  list  when  pasted 
upon  the  state  or  local  ballot  will  conform  to  the  squares  thereon.  Such 
pasters  shall  contain  Tio  heading,  no  printing  save  as  above  indicated, 
no  writing,  no  blank  nor  any  distinguishing  marks  of  any  kind  whatever. 
Such  paster  ballot  may  be  gummed  upon  the  back  and  pasted  upon  the 
state  or  local  ballot  accordingly  as  it  is  designed  in  such  manner  as  that 
the  squares  upon  the  state  or  local  ballot  to  the  left  of  any  list  of  names 
printed  thereon  will  come  immediately  to  the  left  of,  and  opposite  re- 
spectively the  names  upon  such  paster  ballot  and  in  such  manner  as  that 
the  state  or  local  ballot  will  not  show  when  folded  that  it  contains  a 
paster.  The  voter  may  then  indicate  his  choice  for  any  office  by  stamp- 
ing [marking]  the  square  upon  the  state  or  local  ballot  immediately  to 
the  left  of  the  name  printed  upon  such  paster  ballot  when  pasted.  He 
shall  in  no  other  manner  attempt  to  indicate  his  choice.  Any  stamps 
[marks]  upon  the  state  or  local  ballot  elsewhere  shall  be  deemed  a  dis- 
tinguishing mark  and  render  the  ballot  void.  If  the  ballot  contains  no 
distinguishing  mark,  the  election  board  shall  deem  and  count  as  the 
voter's  choice  the  names  of  the  persons  upon  such  paster  ballot  having 
the  square  immediately  to  the  left  stamped  [marked],  and  they  shall 
count  none  other.  It  shall  be  unlawful  for  any  person  to  use  the  paster 
ballot  provided  for  in  this  section  unless  he  desires  to  vote  for  one  or 
more  persons  for  one  or  more  offices  respectively  to  be  filled  at  such 
election,  the  names  of  which  person  or  persons  are  not  printed  upon  the 
state  or  local  ballot,  as  the  case  may  be,  as  a  candidate  or  candidates  for 
such  office  or  offices  respectively.  And  any  paster  which  contains  the 
names  of  persons  only  for  the  respective  offices  whose  names  are  printed 
upon  the  state  or  local  ballots  as  candidates  for  the  same  offices  re- 
spectively shall  be  void  and  the  ticket  containing  the  name  shall  not  be 
counted.  The  voter  who  attempts  to  use  a  paster  ballot  under  the  pro- 
visions of  this  section  must  prepare  or  select  a  paster  ballot  containing 
a  complete  list  of  names  for  every  office  for  whom  he  desires  to  vote 
and  must  vote  for  names  contained  upon  the  paster  and  none  other. 
If  a  state  or  local  ballot  contains  a  paster  placed  thereon  by  the  voter, 
as  provided  for  in  this  section,  any  stamp  [mark]  upon  such  state  or 
local  ballot  other  than  are  on  the  squares  at  the  left  of  the  paster  ballot 
shall  be  deemed  a  distinguishing  mark  and  render  the  whole  ticket  void. 
Every  violation  of  the  provisions  of  this  section  by  a  voter  shall  be 
deemed  to  be  an  attempt  to  distinguish  his  ballot  and  shall  render  the 
same  entirely  void.  (R.  S.  1908  and  1914,  §6928;  R.  S.  1901,  §6242;  R. 
S.  1897,  §6541;  R.  S.  1894,  §6242.) 

167.     Number  of  Persons  in  Booths— Spoiling  Ballots. 

47.  Not  more  than  one  person  shall  be  permitted  to  occupy  any 
booth  at  one  time,  and  no  person  shall  remain  in  or  occupy  a  booth  longer 
than  may  be  necessary  to  prepare  his  ballot  and  in  no  event  longer  than 
five  minutes.  Not  more  than  three  persons  other  than  the  election  offi- 
cers shall  be  permitted  to  enter  or  be  in  the  election  room  at  any  one 


184 

time,  and  no  voter  or  person  offering  to  vote  shall  hold  any  conversation 
or  communication  with  any  other  person  than  a  member  of  the  election 
board  while  in  the  election  room.  Any  person  who  shall  by  accident  or 
mistake  spoil,  deface  or  mutilate  his  ballot  may,  on  returning  the  same 
to  the  poll  clerks  and  satisfying  them  that  such  spoiling,  defacing  or 
mutilation  was  not  intentional,  receive  another  in  place  thereof,  and 
such  clerks  shall  make  a  minute  of  the  fact  on  the  poll  list  at  the  time, 
and  the  mutilated  ballot  shall  then  be  destroyed  by  the  elector  in  the 
presence  of  the  board.  (R.  S.  1908  and  1914,  §6929,  R.  S.  1901,  §6243; 
R.  S.  1897,  §6542;  R.  S.  1894,  §6243.) 

[1891,  p.  132.     Approved  March  6,  1891.     In  force  June  3,  1891.] 

168.  Illiterate  Voters. 

48.  Any  elector  who  declares  that  by  reason  of  physical  disability 
or  inability  to  read  the  English  language,  he  is  unable  to  mark  his  ballot, 
may  declare  his  choice  of  candidates  to  the  poll  clerks,  who,  in  the  pres- 
ence of  the  elector  and  in  the  presence  of  each  other,  shall  prepare  the 
ballots  for  voting  in  the  manner  hereinbefore  provided,  and  on  request 
shall  read  over  to  such  elector  the  names  of  the  candidates  as  marked. 
Any  one  making  a  false  declaration  under  the  provisions  of  this  section 
shall,  upon  conviction,  be  fined  in  any  sum  not  exceeding  five  dollars 
and  be  disfranchised  for  a  period  of  five  years,  and  any  poll  clerk  or 
poll  clerks  who  shall  deceive  any  elector  in  selecting  or  marking  his 
ballot,  or  mark  the  same  in  any  other  way  than  as  requested  by  said 
elector,  shall  be  imprisoned  in  the  penitentiary  for  not  less  than  two  nor 
more  than  five  years,  and  be  disfranchised  for  any  determinate  period 
not  less  than  five  years:  Provided,  That  before  the  poll  clerk  shall  so 
prepare  the  ballot  of  said  elector,  the  said  elector  shall,  in  the  pres- 
ence of  the  board,  make  affidavit  in  writing  that  he  is  unable  to  read  the 
English  language,  or  that  by  reason  of  physical  disability,  setting  out  the 
particulars  in  which  said  physical  disability  exists,  he  is  unable  to  mark 
his  ballot.     (R.  S.  1908  and  1914,  §6930;  R.  S.  1901,  §6244.)  - 

169.  Time  Limit  for  Voting.  ) 

Sec.  8.  Where  at  any  election  voting  is  by  machine,  no  votel*  "shall 
remain  within  the  voting  booth  or  compartment  longer  than  one  minute; 
and  where  voting  is  by  printed  ballot,  no  voter  shall  remain  within  the 
voting  booth  or  compartment  longer  than  three  minutes.  If  any  voter 
shall  refuse  to  leave  such  booth  or  compartment  after  the  lapse  of  such 
time,  he  shall  at  once  be  removed  therefrom  by  the  election  board,  or 
by  the  election  sheriff  or  sheriffs  upon  order  of  the  board.  (R.  S.  1921, 
Sec.  6881h.) 

[1891,  p.  133.     Approved  March  6,  1891.     In  force  June  3,  1891.] 

170.  Distinguishing  Marks — Penalty. 

49.  No  inspector  of  elections,  or' judge  acting  for  an  inspector, 
shall  deposit  any  ballot  upon  which  the  initials  of  the  poll  clerks,  as 
hereinbefore  provided  for,  does  not  appear,  ox  aay  ballot  on  which- ap- 
pears externally  any  distinguishing  mark,  defa^emsent  .or  mutilation.    If 


185 

any  inspector,  judge,  poll  clerk  or  other  person  entrusted  with  the  cus- 
tody and  control  of  any  ballot  or  ballots,  either  before  or  after  they 
have  been  voted,  shall  in  any  way  mark,  mutilate,  or  deface  any  ballot 
or  place  any  distinguishing  mark  thereon,  either  for  the  purpose  of 
identifying  the  same  (except  by  numbering  protested  ballots  for  future 
reference)  or  for  the  purpose  of  vitiating  the  same,  he  shall  be  guilty  of 
a  felony,  and  on  conviction  shall  be  imprisoned  in  the  state's  prison  not 
more  than  ten  nor  less  than  five  years  and  fined  in  any  sum  not  exceed- 
ing two  thousand  dollars.  (R.  S.  1908  and  1914,  §6931;  R.  S.  1901,  §6245; 
R.  S.  1897,  §6544;  R.  S.  1894,  §6245.) 

[1889,  p.  124.     Approved  March  6,  1889.     In  force  May  10,  1889.] 

171.  Taking  Ballots  from  Election  Room — Penalty. 

50.  Any  person  who  shall  remove  or  attempt  to  remove  a  ballot  or 
stamp  [pencil]  from  the  election  room,  or  having  in  his  possession  out- 
side the  election  room,  any  ballot  or  stamp  [pencil]  either  genuine  or 
counterfeit,  during  the  election,  shall  be  guilty  of  felony,  and  on  con- 
viction shall  be  imprisoned  in  the  penitentiary  not  less  than  two  nor 
more  than  five  years,  and  be  disfranchised  for  any  determinate  period 
not  less  than  ten  years.  (R.  S.  1908  and  1914,  §6932;  R.  S.  1901,  §6246; 
R.  S.  1897,  §6545;  R.  S.  1894,  §6246;  E.  S.,  §1372.) 

172.  Counting  and  Destroying  Ballots. 

51.  Immediately  on  closing  the  polls,  the  board  shall  count  all  the 
ballots  remaining  unvoted,  record  the  number  of  the  same  on  the  tally 
sheets,  and  destroy  all  of  such  ballots  by  totally  consuming  by  fire.  (R. 
S.  1914,  Sec.  6933.) 

[Acts  1909,  p.  162.     S.  49,  approved  March  5,  1909.] 

173.  Elections — Canvass  and  Count — Ballots  Preserved. 

The  election  boards  shall,  in  canvassing  the  votes,  begin  first  with 
the  state  ballots  and  complete  them  before  proceeding  with  the  local 
ballot,  by  laying  each  ballot  upon  the  table  in  the  order  [in]  which  it 
is  taken  from  the  ballot  box,  and  the  inspector  and  the  judge  of  election 
differing  in  politics  from  the  inspector  shall  view  the  ballots  as  the 
names  of  the  persons  voted  for  are  read  therefrom.  And  in  the  canvass 
of  the  votes  any  member  of  the  election  board  may  protest  as  to  the 
counting  of  any  ballot,  or  any  part  thereof,  and  any  ballot  which  is  not 
indorsed  with  the  initial  of  the  poll  clerks,  as  provided  by  law,  and  any 
ballot  which  shall  bear  any  distinguishing  mark  or  mutilation  shall  be 
void,  and  shall  not  be  counted,  and  any  ballot,  or  part  of  a  ballot,  from 
which  it  is  impossible  to  determine  the  elector's  choice  of  candidates, 
shall  not  be  counted  as  to  the  candidate,  or  candidates,  affected  thereby; 
and  all  ballots,  voted  or  not  voted,  together  with  all  protested,  disputed 
or  uncounted  ballots,  shall  be  preserved  by  the  inspector  and  at  the 
close  of  the  count  placed  in  separate  packages,  together  with  the  seals 
of  the  ballot  packages,  in  paper  bags  securely  sealed  and  delivered  to 
the  clerk  of  the  circuit  court  with  notification  to  him  of  the  number  of 
ballots  so  placed  in  such  bags,  and  of  the  condition  of  the  seals  of  the 


i 


186 

ballot  packages.  The  poll  clerk  shall  also  record  on  the  tally  sheets 
memoranda  of  such  ballots  and  the  condition  of  the  seal  of  the  ballot 
packages,  and  in  any  contest  of  election  such  ballots  and  seals  may  be 
submitted  in  evidence.  And  before  said  ballots  are  placed  in  the  bag  as 
aforesaid,  one  of  the  poll  clerks  shall  indorse  upon  the  back  of  each  dis- 
puted or  protested  ballot  the  word  "counted"  or  "not  counted,"  as  the 
case  may  be,  and  said  indorsement  shall  be  signed  officially  by  both  of 
said  poll  clerks.  The  election  board  shall  immediately  make  a  memo- 
randa of  the  total  votes  cast  for  each  candidate  and  deliver  a  copy 
thereof  to  each  member  of  such  board.  No  person,  other  than  the  mem- 
bers of  the  election  board,  poll  clerks,  election  sheriffs,  and  the  duly 
authorized  watchers  representing  the  various  political  parties,  shall  be 
permitted  in  the  room  during  the  election,  or  during  the  canvass  of  the 
votes,  except  for  the  purpose  of  voting.  Each  of  the  four  political  par- 
ties having  cast  the  largest  vote  at  the  election  last  preceding,  and  having 
a  place  on  the  official  ballot  shall  be  entitled  to  one  watcher  at  each 
precinct,  who  shall  be  permitted  to  be  present  during  the  canvass  of 
the  votes.  Each  watcher  shall  be  required  to  present  to  the  election 
board  credentials  signed  by  the  township  or  county  chairman  of  the  party 
which  said  watcher  represents,  showing  him  to  be  the  duly  authorized 
watcher  for  that  party.     (R.  S.  1914,  Sec.  6934.) 

[1889,  p.  124.     Approved  March  6,  1889.     In  force  May  10,  1889.] 
174.     Elections — Ballots  Preserved. 

1.  That  as  soon  as  the  ballot  cast  in  any  primary  or  general  elec- 
tion held  in  this  state,  shall  have  befen  counted,  they,  together  with  all 
uncast  ballots,  shall,  in  the  presence  of  the  judges  and  clerks,  be  care- 
fully and  securely  placed  by  the  inspector  in  a  strong  and  stout  paper 
envelope  or  bag,  which  shall  then  be  tightly  closed  and  well  sealed 
with  wax  by  the  inspector,  and  shall  be  delivered  by  such  inspector  to 
the  clerk  of  the  circuit  court  of  the  county  at  the  very  earliest  possible 
period  before  or  on  the  Thursday  next  succeeding  said  election,  and  the 
inspector  shall  securely  keep  said  envelope  containing  the  ballots  and 
papers  therein  and  permit  no  one  to  open  said  envelope  or  touch  or 
tamper  with  said  ballots  or  papers  therein.  And  upon  the  delivery  of 
such  envelope  to  the  clerk,  the  inspector  shall  take  and  subscribe  an 
oath,  before  said  clerk,  that  he  has  securely  kept  said  envelope  and  the 
ballots  and  papers  therein,  and  that,  after  said  envelope  had  been  closed 
and  sealed  by  him  in  the  presence  of  the  judges  and  clerks,  he  had  not 
suffered  or  permitted  any  person  to  break  the  seal  or  open  said  envelope, 
or  touch,  or  tamper  with  said  ballots  or  papers,  and  that  no  person  has 
broken  such  seal  or  opened  said  envelope  to  his  knowledge;  which  oath 
shall  be  filed  in  said  clerk's  office  with  the  other  election  papers.  The 
clerk  of  the  circuit  court  of  the  county  shall  preserve  such  ballots  for  at 
least  six  (6)  months  from  the  date  of  receiving  them,  during  which 
time  they  shall  be  subject  only  to  the  demand  of  the  judge  of  any  cir- 
cuit or  superior  court  of  the  state  in  connection  with  any  litigation  aris- 
ing from  the  primary  or  general  election  at  which  they  were  cast,  and 
at  the  end  of  six  (6)  months,  he  shall  destroy  them.    Any  election  in- 


187 

spector  or  clerk  of  the  circuit  court  failing  to  comply  with  the  provi- 
sions of  this  section  shall  be  deemed  guilty  of  a  felony  and  on  conviction 
thereof  shall  be  punished  by  a  fine  of  one  hundred  dollars  ($100.00) 
to  one  thousand  dollars  ($1,000.00)  or  by  imprisonment  in  the  state 
penitentiary  for  not  less  than  one  (1)  year  or  by  both  such  fine  and  im- 
prisonment.    (Acts  1915  p.  590,  Sec.  6955a,  Burns  R.  S.  1918.) 

175.  Pencils  Destroyed — Penalty. 

2.  Before  the  ballots  cast  or  uncast  in  any  primary  or  general  elec- 
tion in  this  state  shall  have  been  counted,  all  the  pencils  used  in  marking 
the  ballots  used  in  such  primary  or  general  election,  shall  be  destroyed. 
Any  election  inspector,  poll  clerk  or  judge  using  or  having  in  his  posses- 
sion any  such  pencil  after  the  polls  are  closed  and  during  the  counting 
of  said  cast  and  uncast  ballots  shall  be  deemed  guilty  of  a  misde- 
meanor, and  on  conviction  thereof  shall  be  punished  by  a  fine  of  ten  dol- 
lars ($10.00)  to  tMrenty-five  dollars  ($25.00)  or  by  imprisonment  in  the 
county  jail  for  at  least  thirty  (30)  days,  or  by  both  such  fine  and  im- 
prisonment.    (Sec.  6955b,  Bums  R.  S.  1918.) 

[Acts  1915,  p.  590.     Approved  March  10,   1915.] 

176.  Penalties  for  Violating  Election  Law. 

53.  Any  person  who  shall  (1)  falsely  mark  or  fraudulently  deface 
or  fraudulently  destroy  any  certificate  or  petition  of  nomination,  or  any 
part  thereof;  (2)  file  any  certificate  or  petition  of  nomination,  knowing 
the  same,  or  any  part  thereof,  to  be  falsely  made;  or  (3)  suppress  any 
petition  or  certificate  of  nomination  which  has  been  duly  filed,  or  any  part 
thereof;  or  (4)  forge  or  falsely  make  the  official  indorsement  of  any 
ballot;  or  (5)  print  or  cause  to  be  printed,  any  imitation  ballot,  or  cir- 
culate the  same;  or  (6)  conspire  with  others  to  do  any  of  said  acts,  or 
induce,  or  attempt  to  induce,  any  other  person  to  do  any  or  [of]  said  acts, 
whether  or  not  said  acts,  or  any  of  them,  be  committed  or  attempted  to 
be  committed,  shall  be  deemed  guilty  of  a  felony,  and  upon  conviction 
thereof  shall  be  punished  by  imprisonment  in  the  state  penitentiary  not 
less  than  two  nor  more  than  five  years,  and  be  disfranchised  for  any 
determinate  period  not  less  than  ten  years.  (R.  S.  1908  and  1914, 
§6935;  R.  S.  1901,  §6249;  R.  S.  1897,  §6548;  R.  S.  1914,  §6249;  E.  S., 
§1375.) 

177.  Penalty  for  Clerk,  Inspector  or  Messenger. 

54.  Any  clerk,  inspector  or  other  messenger  entrusted  with  the 
custody  of  the  ballots  who  shall  open  any  of  the  packages  in  which  the 
ballots  are  contained,  or  permit  any  of  them  to  be  opened,  or  destroyed; 
or  give  or  deliver  any  such  packages  or  ballots  to  any  person  not  law- 
fully entitled  to  receive  them,  as  herein  provided;  or  conspire  to  procure, 
or  in  any  way  aid,  abet  or  connive  at  any  robbery,  loss  or  destruction 
of  any  such  ballots  or  packages,  shall  be  guilty  of  a  felony,  and  on  con- 
viction shall  be  punished  by  imprisonment  in  the  state  prison  for  not 
less  than  three  nor  more  than  ten  years,  and  be  disfranchised  for  any 
determinate  period  not  less  than  ten  years.  (R.  S.  1908  and  1914,  §6936; 
R.  S.  1901,  §6250;  R.  S.  1897;  §6549;  R.  S.  1894,  §6250;  E.  S.,  §1376.) 


188 

178.  Entering  Election  Room — Remaining  Close  to  Polls. 

55.  If  any  person  not  herein  authorized  so  to  do  shall  enter  or  at- 
tempt to  enter  the  election  room,  or  enter  or  attempt  to  enter  within 
the  railing  leading  from  the  challenge  window  to  the  entrance  of  the 
election  room  without  first  having  been  passed  by  the  challengers,  or  hav- 
ing been  sworn  in  as  hereinbefore  provided,  or  shall  remain  within  fifty 
feet  of  the  polling  place,  contrary  to  the  provisions  hereinbefore  made, 
he  shall  be  guilty  of  a  misdemeanor,  and  on  conviction  thereof  be  fined 
not  more  than  five  hundred  dollars.  (R.  S.  1908  and  1914,  §6937;  R.  S. 
1901,  §6251;  R.  S.  1897,  §6550;  R.  S.  1894,  §6251;  E.  S.,  §1377.) 

179.  Inducing  Voter  to  Put  Mark  on  His  Ballot. 

56.  If  any  person  shall  induce  or  attempt  to  induce  any  elector  to 
write,  paste  or  otherwise  place  on  his  ballot  the  name  of  any  person  or 
any  sign  or  device  of  any  kind  as  a  distinguishing  mark  by  which  to 
indicate  to  any  other  person  how  such  elector  has  voted,  or  shall  enter 
into  or  attempt  to  form  any  agreement  of  conspiracy  with  any  other 
person  to  induce  or  attempt  to  induce  electors,  or  any  elector,  to  so  place 
any  distinguishing  name  or  mark  on  his  ballot,  whether  or  not  said 
^ct  be  committed  or  attempted  to  be  committed,  such  person  so  offendiner 
shall  be  guilty  of  felony,  and,  on  conviction,  be  imprisoned  not  more 
than  five  nor  less  than  two  years  in  the  state's  prison.  (R.  S.  1908  and 
1914,  §6938;  R.  S.  1901,  §6252;  R.  S.  1897,  §6551;  R.  S.  1894,  §6252;  E. 
S.,  §1378.) 

180.  Revealing  How  Elector  Voted. 

57.  If  any  person,  being  a  member  of  an  election  board  or  other- 
wise entitled  to  [the]  Inspection  of  the  ballots,  shall  reveal  to  any  other 
person  how  an  elector  has  voted,  or  what  other  candidates  were  voted 
for  on  any  ballot  bearing  a  name  not  printed  thereon  by  the  board  of 
election  commissioners,  or  give  any  information  concerning  the  appear- 
ance of  any  ballot  voted,  such  person  so  offending  shall  be  guilty  of  a 
felony,  and,  on  conviction,  shall  be  imprisoned  not  less  than  two  years 
nor  more  than  five  years  in  the  state's  prison,  and  be  disfranchised  for 
any  determinate  period  not  less  than  ten  years.  (R.  S.  1908  and  1914, 
§6939;  R.  S.  1901,  §6253;  R.  S.  1897,  §6552;  R.  S.  1894,  §6253;  E.  S., 
§1379.) 

181.  Inducing  Member  of  Board  to  Violate  This  Act. 

58.  If  any  person  shall  induce,  or  attempt  to  induce,  any  member  of 
an  election  board  to  violate  any  of  the  provisions  of  section  47  [57], 
whether  or  not  such  member  of  the  election  board  shall  violate  or  attempt 
to  violate  any  of  the  provisions  of  this  act,  such  person  so  offending 
shall  be  guilty  of  a  felony  and  on  conviction,  shall  be  imprisoned 
in  the  state's  prison  not  less  than  two  years  nor  more  than  five 
years,  and  be  disfranchised  for  any  determinate  period  not  less  than 
ten  years.  It  shall  be  the  duty  of  each  inspector  to  distinctly  read  this 
and  the  preceding  section  to  the  election  board  at  the  opening  of  the 

.  polls,  and  each  member  thereof  shall  thereupon  take  an  oath  that  he 
has  not  violated  and  will  not  violate  the  provisions  of  said  section.     (R. 


189 

S.  1908  and  1914,  §6940;   R.   S;   1901,  §6254;   R.   S.   1897,  §6553;   R.  S. 
1894,  §6254;  E.  S.  §1380.) 

182.  Removing  or  Destroying  Election  Supplies. 

59.  Any  person  who  shall,  during  the  election,  remove  or  destroy 
any  of  the  supplies  or  other  conveniences  placed  in  the  booths  as  afore- 
said or  delivered  to  the  voter  for  the  purpose  of  enabling  the  voter  to 
prepare  his  ballot,  or  shall,  during  an  election,  remove,  tear  down  or  de- 
face the  cards  printed  for  the  instruction  of  the  voters,  or  shall,  during 
an  election,  destroy  or  remove  any  booth,  railing  or  other  convenience 
provided  for  such  election,  or  shall  induce  or  attempt  to  induce  any  per- 
son to  commit  any  of  such  acts,  whether  or  not  any  of  such  acts  are 
committed  or  attempted  to  be  committed,  shall  be  guilty  of  a  misde- 
meanor, and  on  conviction  shall  be  punished  by  imprisonment  for  not  less 
than  six  months  nor  more  than  one  year  and  be  disfranchised  for  any 
determinate  period  not  less  than  ten  years.  (R.  S.  1908  and  1914,  §6941; 
R.  S.  1901,  §6255;  R.  S.  1897,  §6554;  R.  S.  1894,  §6255;  E.  S.,  §1381.) 

183.  Electioneering — Revealing  Vote. 

60.  No  officer  of  election  shall  disclose  to  any  person  the  name  of 
any  candidate  for  whom  any  elector  has  voted.  No  officer  of  election 
shall  do  any  electioneering  on  election  day.  No  person  whatever  shall 
do  any  electioneering  on  election  day  within  any  polling  place,  or  within 
fifty  feet  of  any  polling  place.  No  person  shall  apply  for  or  receive 
any  ballot  in  any  polling  place  other  than  that  in  which  he  is  entitled  to 
vote.  No  person  shall  show  his  ballot  after  it  is  marked  to  any  person 
in  such  a  way  as  to  reveal  the  contents  thereof  or  the  name  of  any 
candidate  or  candidates  for  whom  he  has  marked  his  vote;  nor  shall 
any  person  examine  a  ballot  which  any  person  has  presented  for  vot- 
ing or  solicit  the  elector  to  show  the  same.  No  person  except  the 
inspector  of  election,  or  judge  who  may  be  temporarily  acting  for  him, 
shall  receive  from  any  voter  a  ballot  prepared  by  him  for  voting.  No 
voter  shall  receive  a  ballot  from  any  person  other  than  one  of  the  poll 
clerks;  nor  shall  any  person  other  than  a  poll  clerk  deliver  a  ballot  to 
an  inspector  to  be  voted.  No  voter  shall  deliver  any  ballot  to  an  in- 
spector to  be  voted,  except  the  one  he  receives  from  the  poll  clerk.  No 
voter  shall  place  any  mark  upon  his  ballot  or  suffer  or  permit  any  other 
person  to  do  so,  by  which  it  may  be  afterward  identified  as  the  one 
voted  by  him.  Whoever  shall  violate  any  provision  of  this  section  shall 
be  deemed  guilty  of  a  felony,  and,  on  conviction,  shall  be  punished  by 
imprisonment  for  not  less  than  six  months  nor  more  than  one  year,  and 
by  fine  of  not  less  than  one  hundred  dollars  nor  more  than  five  hundred 
dollars,  and  be  disfranchised  for  any  determinate  period  not  less  than 
ten  years.  (R.  S.  1908  and  1914,  §6942;  R.  S.  1901,  §6256;  R.  S.  1897, 
§6555;  R.  S.  1894,  §6256;  E.  S.,  §1382.) 

184.  Officer  Violating  His  Duty. 

61.  Any  public  officer,  upon  whom  any  duty  is  imposed  by  this  act, 
who  shall  wilfully  neglect  or  omit  to  perform  such  duties  or  do  any 
act  prohibited  herein,  for  which  punishment  is  not  otherwise  herein  pro- 


190 

vided,  shall  be  deemed  guilty  of  a  felony,  and,  on  conviction,  shall  be 
punished  by  imprisonment  in  the  state's  prison  for  not  less  than  six 
months  nor  more  than  three  years,  or  by  a  fine  of  not  more  than  three 
hundred  dollars,  or  by  both  such  fine  and  imprisonment,  and  be  dis- 
franchised for  any  determinate  period  not  less  than  ten  years.  (R.  S. 
1908  and  1914,  §6943;  R.  S.  1901,  §6257;  R.  S.  1897,  §6556;  R.  S.  1894, 
§6257;  E.  S.,  §1383.) 

185.  Constitutional  Amendments. 

62.  Whenever  any  constitutional  amendment  or  other  question  is 
required  by  law  to  be  submitted  to  popular  vote,  if  .all  the  electors  of 
the  state  are  entitled  to  vote  on  such  question,  the  state  board  of  election 
commissioners  shall  cause  a  brief  statement  of  the  same  to  be  printed 
on  the  state  ballots,  and  the  words  "yes"  and  "no"  under  the  same,  so 
that  the  elector  may  indicate  his  preference  by  stamping  [marking]  at 
the  place  designated  in  front  of  either  word.  If  the  question  is  required 
by. law  to  be  voted  on  by  the  electors  of  any  district  or  division  of  the 
state  the  board  or  boards  of  of  election  commissioners  of  any  county  or 
counties,  including  or  included  in  such  division  or  district,  shall  cause 
similar  provision  to  be  m.ade  on  the  local  ballots.  In  case  any  elector 
shall  not  indicate  his  preference  by  stamping  [marking]  in  front  of  either 
word  the  ballot  as  to  such  question  shall  be  void  and  shall  not  be 
counted.  (R.  S.  1908  and  1914,  §6944;  R.  S.  1901,  §6258;  R.  S.  1897, 
§6557;  R.  S.  1894,  §6258;  E.  S.,  §1384.) 

[Acts  1911,  p.  534.     Approved  March  6,  1911.     In  force' April  21,  1911.] 

186.  Constitutional  Amendments — Political  Party  Action. 

1.  That  whenever  any  constitutional  amendment  is  to  be  submitted 
to  a  vote  of  the  people,  the  state  convention  of  any  political  party  as- 
sembled for  the  purpose  of  nominating  candidates  for  state  offices  of 
such  political  party,  having  at  the  last  preceding  general  election  polled 
at  least  one  per  cent  of  the  entire  vote  cast  in  the  state,  may  take  action 
in  favor  of  or  against  the  adoption  of  such  constitutional  amendment  to 
be  submitted  at  the  next  succeeding  general  election,  and  shall  certify 
such  action  to  the  secretary  of  state  in  the  manner  provided  for  certify- 
ing nominations  of  state  officers,  whereupon  said  action  upon  such  con- 
stitutional amendment  shall  be  printed  upon  the  regular  ballot  at  said 
election  as  a  part  of  the  party  ticket  of  such  political  party  in  the  man- 
ner hereinafter  provided.  If  more  than  one  proposed  amendment  to 
the  constitution  is  submitted  at  the  same  time,  such  political  conven- 
tion shall  have  the  right  to  declare  in  favor  of  or  against  any  or  all  of 
them.     (R.  S.  1914,  Sec.  6944a.) 

187.  Ballots— Form. 

2.  Such  constitutional  amendment  or  amendments  shall  be  stated  on 
such  ballots  in  words  sufficient  to  clearly  designate  the  same,  and  such 
statement  or  statements  shall  be  printed  in  a  separate  column  on  the 
official  ballot.  On  the  lines  below  such  statement  shall  be  printed  the 
word  "yes,"  and  on  the  next  line  below  shall  be  printed  the  word  "no." 
Said  statement  shall  also  be  placed  on  the  official  ballot  immediately 


191 

below  the  names  of  the  candidates  for  state  offices  on  the  regular  ticket 
of  any  party  or  parties  certifying  action  thereon  as  provided  in  section 
1  of  this  act,  followed  by  the  word  "yes"  or  the  word  "no,"  according  as 
affirmative  or  negative  action  shall  have  been  certified  thereon  by  said 
party  or  parties,  and  said  statement  of  said  amendment?  or  amendments 
with  the  action  taken  thereon  by  said  party,  shall  thereupon  become 
a  part  of  said  party  ticket.     (K.  S.  1914,  Sec.  6944b.) 

188.  Marking  of  Ballot. 

3.  The  elector  shall  observe  the  following  rules  in  marking  his 
ballot: 

(a)  He  may  make  a  cross-mark  (X)  in  the  blank  space  to  the  left 
of  and  before  the  answer  he  desires  to  give  to  the  submission  of  any 
constitutional  amendment  in  the  separate  column'  devoted  to  said  amend- 
ments, in  which  event  if  said  voter  should  vote  a  straight  party  ticket 
upon  which  such  constitutional  amendment  or  amendments  are  placed 
such  vote  upon  the  question  of  such  constitutional  amendment  or  amend- 
ments shall  be  counted  as  indicated  in  the  separate  column  containing 
such  constitutional  amendment  or  amendments;  or  if  he  votes  a  mixed 
ticket  he  may  make  a  cross-mark  (X)  in  the  blank  space  to  the  left  of 
and  before  the  statement  and  answer  thereto  of  any  constitutional 
amendment  as  the  same  may  be  printed  and  certified  on  the  ticket  of  any 
political  party;  whereupon  such  mark  shall  cast  his  ballot  for  the  answer 
opposite  which  it  is  made. 

(b)  The  voter  if  he  desires  to  vote  a  straight  party  ticket  [may] 
make  a  cross-mark  (X)  in  the  blank  circular  space  at  the  head  of  any 
ticket  upon  which  is  printed  the  statement  of  any  constitutional  amend- 
ment or  question,  and  the  certified  answer  thereto,  which  mark  shall 
cast  his  ballot  for  the  certified  answer  to  the  submission  of  each  and 
every  constitutional  amendment  so  printed  on  said  party  ticket  unless 
he  shall  have  specifically  marked  any  of  said  constitutional  amendment 
otherwise  elsewhere  on  the  ballot  in  the  manner  heretofore  stated. 

Any  mark  on  a  ballot  made  as  prescribed  in  this  section  shall  not 
be  deemed  a  distinguishing  mark.     (R.  S.  1914,  Sec.  6944c.) 

189.  Election  Laws  Applied. 

4.  Except  as  provided  herein  of  the  provisions  of  section  62  of 
an  act  entitled  "an  act  concerning  elections,  providing  penalties  for 
violation  of  same,"  approved  March  6,  1889,  the  same  being  section  6258 
of  Bums'  revised  statutes  of  1901,  shall  apply  to  the  election  herein  pro- 
vided for  and  all  the  provisions  of  state  law  or  laws  relating  to  the 
marking  and  counting  of  ballots  for  candidates  not  inconsistent  here- 
with shall  apply  to  the  marking  and  counting  of  votes  upon  any  consti- 
tutional amendment  in  any  election  held  under  the  provisions  of  this 
act.     (R.  S.  1914,  Sec.  6944d.) 

190.  Voting  Machines. 

5.  In  all  precincts  wherein  voting  machines  are  employed  the  state- 
ment or  statements  mentioned  in  section  2  of  this  act  shall  be  so  placed 
upon  such  voting  machine  and  if  such  political  convention  or  conventions 


192 

shall  take  the  action  prescribed  in  section  1  of  this  act  all  such  voting 
machines  shall  be  so  arranged  as  that  the  voter  may  cast  his  ballot  for 
or  against  any  proposed  amendment  or  amendments  as  a  part  of  the 
straight  party  ticket  as  may  be  certified  by  such  political  convention, 
and  such  statement  or  statements  and  voting  machines  shall  also  be  so 
arranged  as  that  the  voter  may  vote  for  or  against  any  amendment 
separately  and  not  as  a  part  of  a  straight  party  ticket.  (R.  S.  1914, 
Sec.  6944e.) 

191.  Preservation  of  Affidavits. 

63.  All  affidavits  provided  in  this  act  to  be  used  on  the  day  of 
election  at  the  several  polling  places  shall,  at  the  close  of  the  count, 
be  placed  in  a  strong  paper  bag,  or  envelope,  by  the  election  board  and 
securely  sealed  by  them,  each  member  indorsing  his  name  on  the  back  of 
such  bag  or  envelope.  Such  bag  or  envelope  shall  be  delivered  within 
three  days  after  the  election,  by  the  inspector,  to  the  clerk  of  the  circuit 
court  of  the  county,  whose  duty  it  shall  be  to  carefully  preserve  the  same, 
and  deliver  it,  with  the  seal  unbroken,  to  the  foreman  of  the  grand  jury 
when  next  in  session.  It  shall  be  the  duty  of  such  grand  jury  to  inquire 
into  the  truth  or  falsity  of  such  affidavits.  (R.  S.  1908  and  1914,  §6945; 
R.  S.  1901,  §6259;  R.  S.  1897,  §6558;  R.  S.  1894,  §6259;  E.  S.,  §1385.) 

192.  Township  and  County  Elections. 

64.  When  any  township  or  county  holds  an  election  at  a  time  other 
than  the  time  of  a  general  election,  such  election  shall  be  held  in  con- 
formity with  the  provisions  of  this  act,  and  all  county  and  local  officers 
who  are  required  to  perform  any  duties  in  connection  with  the  general 
election  shall  perform  the  same  duties  in  connection  with  such  special 
or  local  election,  subject  to  the  same  provisions  and  penalties  herein  pre- 
scribed in  case  of  general  elections.  (R.  S.  1908  and  1914,  §6946;  R.  S. 
1901,  §6260;  R.  S.  1897,  §6559;  R.  S.  1894,  §6260;  E.  S.,  §1386.) 

[1891,  p.  134.     Approved  March  6,  1891.     In  force  June  3,  1891.] 

193.  City  and  Town  Elections. 

65.  Where  any  town  or  city  shall  hold  an  election  at  any  time  other 
than  a  time  of  general  election,  such  election  shall  be  held  in  conformity 
with  the  provisions  of  this  act,  except  the  duties  herein  required  of  the 
county  clerk  shall  be  performed  by  the  Town  or  City  Clerk;  the  duties 
herein  required  by  the  board  of  county  commissioners  shall  be  performed 
by  the  town  trustees  or  city  council;  the  duties  of  the  county  sheriff  shall 
be  performed  by  the  town  marshal  or  chief  of  police,  and  the  rights  of 
nomination  of  election  officers  by  political  parties  shall  be  exercised  by 
the  chairman  of  the  town  or  city  committees  of  such  parties,  if  any  such 
there  be.  Town  and  city  officers  are  hereby  required  to  perform  the 
various  duties  herein  prescribed  by  the  county  officers  in  whose  stead 
they  act,  subject  to  the  same  penalties  and  provisions  herein  prescribed 
as  to  such  county  officers.  The  town  and  city  boards  of  election  commis- 
sioners shall  provide  the  necessary  [pencils]  stamps  and  ink  pads  for 
such  elections,  and  shall  cause  as  many  classes  of  ballots  to  be  printed 
as  there  are  wards  or  districts  entitled  to  separate  officers,  ballots  of 


193 

each  class  having  printed  uniformly  on  the  back  of  the  same  the  name 
or  number  of  the  ward  or  district  in  which  it  is  to  be  used  and  containing 
the  names  of  all  lawfully  nominated  candidates  for  all  officers  that  the 
voters  of  such  ward  or  district  are  entitled  to  vote  for  at  such  election. 
The  commissioners  of  county  and  trustees  of  townships  in  which  such 
towns  or  cities  are  situated  shall  furnish  what  is  necessary  for  use  in 
such  elections  of  the  election  furniture  in  their  custody:  Provided,  That 
such  town  or  city  shall  pay  the  expense  of  moving  such  furniture  to 
and  from  the  polling  places,  and  also  for  any  damage  to  or  loss  of  such 
furniture.  The  boards  of  town  or  city  election  commissioners  shall  per- 
form all  the  duties  in  providing  and  preparing  polling  places  that  are 
required  of  county  commissioners  in  county  elections,  subject  to  the  same 
provisions  and  penalties.  (R.  S.  1908  and  1914,  §6947;  R.  S.  1901,  §6261; 
R.  S.  1897,  §6560;  R.  S.  1894,  §6261.) 

[1889,  p.  157.    Approved  March  6,  1889.    In  force  May  10,  1889.] 

194.  Holidays. 

66.  All  election  days  shall  be  legal  holidays  throughout  the  district 
or  municipality  in  which  the  election  is  held.  (R.  S.  1908  and  1914, 
§6948;  R.  S.  1901,  §6262;  R.  S.  1897,  §6561;  R.  S.  1894,  §6262;  E.  S., 
§1388.) 

195.  Laws  Repealed. 

67.  All  laws  and  parts  of  laws  inconsistent  with  the  provisions  of 
this  act  are  hereby  repealed,  pro  tan  to:  Provided,  however.  That  nothing 
in  this  act  contained  shall  impair  the  effect  of  any  such  act  as  to  any 
offense  heretofore  committed  under  existing  laws:  And,  provided  fur- 
ther. That  the  provisions  of  this  act  shall  not  apply  to  any  election  to 
be  held  prior  to  the  first  Monday  in  June,  1890,  and  all  elections  to  be 
held  prior  to  said  date  of  the  first  Monday  in  June,  1890,  shall  be  held 
and  conducted  under  the  provisions  of  the  law  now  in  force,  and  all 
elections  to  be  held  after  the  first  Monday  in  June,  1890,  shall  be  pro- 
vided for  and  held  under  the  provisions  of  this  act.  (R.  S.  1908  and 
1914,  §6949;  R.  S.  1901,  §6263;  R.  S.  1897,  §6562;  R.  S.  1894,  §6263;  E.  S., 
§1389.) 

[1881,  S.,  p.  428.    Approved  April  21,  1881.  In  force  September  19,  1881.] 

196.  Duty  of  Board. 

29.  No  inspector,  clerk  or  judge  of  any  election  shall  vote  after  com- 
mencing to  count  the  votes,  nor  publish  any  statement  of  the  result  of  the 
counting  until  such  election  is  closed.  (R.  S.  1908  and  1914,  §6950;  R.  S. 
1901,  §6264;  R.  S.  1897,  §6563;  R.  S.  1894,  §6264;  R.  S.  1881,  §4707.) 

197.  Adjournments  Forbidden. 

30.  After  the  opening  of  the  polls  at  any  election  in  this  state  no 
adjournment  shall  be  had  nor  any  recess  taken  until  all  the  votes  cast 
at  such  election  shall  have  been  counted,  and  the  result  publicly  an- 
nounced.    (R.  S.  1908  and  1914,  §6951;  R.  S.  1901,  §6565;  R.  S.  1897, 

§6564;  R.  S.  1894,  §6265;  R.  S.  1881,  §4708.) 
» 

13—22129 


194 

198.  Meals  for  Election  Officers. 

81.  It  shall  be  the  duty  of  the  township  trustees,  in  their  respective 
townships,  to  cause  the  members  of  the  election  board  in  each  township 
or  precinct  to  be  furnished  with  good,  plain  and  substantial  meals,  at 
the  regular  hours  for  meals,  during  the  election  day  and  until  the  count 
is  finished,  but  no  spirituous,  vinous,  or  fermented  liquors  shall  be  fur- 
nished. Such  trustees  shall  be  allowed,  and  paid,  by  the  county  board, 
the  actual  cost  of  such  meals,  in  their  next  regular  account.  (R.  S. 
1908  and  1914,  §6952;  R.  S.  1901,  §6266;  R.  S.  1897,  §6565;  R.  S.  1894, 
§6266;  R.  S.  1881,  §4709.) 

199.  Certificate  of  Judges. 

34.  When  the  vote  shall  be  counted,  the  board  of  judges  shall  make 
out  a  certificate,  under  their  hands,  stating  the  number  of  votes  each 
person  has  received,  and  designating  the  office;  which  number  shall  be 
written  in  words;  and  such  certificate,  together  with  one  of  the  lists  of 
voters  and  one  of  the  tally  papers,  shall  be  deposited  with  the  inspector, 
or  with  one  of  the  judges  selected  by  the  board  of  judges.  (R.  S.  1908 
and  1914,  §6953;  R.  S.  1901,  §6267;  R.  S.  1897,  §6566;  R.  S.  1894, 
§6267;  R.  S.  1881,  §4712.) 

200.  Care  of  Ballots  and  Papers. 

35.  As  soon  as  the  votes  are  counted,  and  before  the  certificate  of 
the  judges,  as  prescribed  in  the  foregoing  section,  is  made  out,  the 
ballots,  with  one  of  the  lists  of  voters  and  one  of  the  tally  papers,  shall, 
in  the  presence  of  the  judges  and  clerks,  be  carefully  and  securely  placed 
by  the  inspector,  in  the  presence  of  the  judges,  in  a  strong  and  stout 
paper  envelope  or  bag,  which  shall  then  be  tightly  closed  and  well  sealed 
with  wax  by  the  inspector,  and  shall  be  delivered  by  such  inspector  to 
the  county  clerk  at  the  very  earliest  possible  period  before  or  on  the 
Thursday  next  succeeding  said  election;  and  the  inspector  shall  securely 
keep  said  envelope  containing  the  ballots  and  papers  therein,  and  permit 
no  one  to  open  said  envelope  or  touch  or  tamper  with  said  ballots  or 
papers  therein.  And  upon  the  delivery  of  such  envelope  to  the  clerk, 
the  inspector  shall  take  and  subscribe  an  oath,  before  said  clerk,  that  he 
has  securely  kept  said  envelope  and  the  ballots  and  papers  therein,  and 
that,  after  said  envelope  had  been  closed  and  sealed  by  him  in  the 
presence  of  the  judges  and  clerks,  he  had  not  suffered  or  permitted  any 
person  to  break  the  seal  or  open  said  envelope,  or  touch  or  tamper  with 
said  ballots  or  papers,  and  that  no  person  has  broken  such  seal  or  opened 
said  envelope  to  his  knowledge;  which  oath  shall  be  filed  in  said  clerk's 
office  with  the  other  election  papers.  (R.  S.  1908  and  1914,  §6268;  R.  S. 
1897,  §6567;  R.  S.  1894,  §6208;  R.  S.  1881,  §4713.) 

Note. — So  much  as  relates  to  the  preservation  of  the  ballots  (R.  S. 
1901,  §6248)  and  as  to  when' the  tally  papers,  etc.,  shall  be  returned  (R. 
S.  1905,  §6275d)  has  been  repealed.  (R.  S.  1908,  §§6934,  6965;  ante, 
§83,  post  §104.) 

201.  Sealed  Receptacle  for  Voted  Ballots. 

12.  It  shall  be  the  duty  of  each  inspector  of  elections  as  soon 
as  the  certificates  required  by  law  to  be  signed  by  the  precinct  election 


195 

boards  have  been  signed,  to  deliver  the  same  with  one  of  the  lists  of 
voters,  and  one  of  the  tally  papers  containing  the  vote  of  the  precinct  for 
all  national,  state,  district  and  county  officers  voted  for  and  with  the  bags 
required  by  law  to  be  returned  by  said  inspector,  to  the  clerk  of  the 
circuit  court  at  the  place  of  meeting  of  said  board  of  canvassers,  for 
the  use  of  the  board  of  canvassers,  and  in  the  city  elections  to  the  city 
clerk,  and  said  clerk  shall  be  in  attendance  for  such  purpose.  The  board 
of  county  commissioners  in  each  county  shall  provide  said  board  of 
canvassers  a  proper  receptacle  or  receptacles,  in  which  to  place  said 
sealed  bags.  Said  receptacle  shall  be  supplied  with  two  (2)  locks  having 
different  keys  with  which  said  receptacle  can  be  securely  locked.  Upon 
their  receipt  said  sealed  bags  shall  be  placed  in  said  receptacles  and  the 
same  shall  be  securely  locked,  and  one  of  said  keys  shall  be  delivered 
to  said  county  clerk  and  the  other  to  the  member  of  said  board  of  can- 
vassers opposite  in  politics  to  said  clerk.  The  list  of  voters  and  tally 
sheets  used  by  said  board  of  canvassers  in  canvassing  said  vote  shall 
be  deposited  in  the  office  of  such  clerk  and  shall  be  open  to  public  inspec- 
tion. Said  receptacles  when  locked  shall  likewise  be  lodged  in  such 
clerk's  office.  Said  receptacles  shall  not  be  opened,  or  their  contents 
removed  therefrom  except  upon  the  order  of  the  circuit  court  of  said 
county  or  the  judge  thereof  in  vacation.  If,  at  the  expiration  of  four- 
teen (14)  months  from  the  date  of  such  election,  no  proceeding  is 
pending  in  which  such  ballots  have  been  ordered  held  by  any  courts  for 
use  as  evidence  said  sealed  bags  shall  be  removed  from  said  receptacles 
by  the  officials  holding  such  keys  and  the  same  shall  be  destroyed. 
(R.  S.  1921,  Sec.  68811.) 

[Acts  1905,  p.  189.] 

202.  Inspector — County  and  City  Clerk — Duties. 

10.  It  shall  be  the  duty  of  each  inspector  of  elections  as  soon  as  the 
certificates  required  by  law  to  be  signed  by  the  precinct  election  boards 
have  been  signed,*  to  deliver  the  same  with  one  of  the  lists  of  voters 
and  one  of  the  tally  papers  containing  the  vote  of  the  precinct  for  all 
state,  district  and  county  officers  voted  for  and  with  the  bags  required 
by  law  to  be  returned  by  said  inspector  to  the  clerk  of  the  circuit  court 
at  the  court  house  for  use  of  the  board  of  canvassers,  and  in  city  elec- 
tions to  the  city  clerk,  and  that  there  may  be  no  delay  in  the  canvassing 
of  the  vote  of  any  county  or  city  it  is  declared  to  be  the  duty  of  the 
clerk  to  keep  the  clerk's  office  open  all  night  upon  the  night  of  any  election 
at  which  county  or  city  officers  are  voted  for.  (R.  S.  1908  and  1914, 
§6965;  R.  S.  1905,  §6275d.) 

203.  Clerk's  and  Trustees'  Duties. 

36.  The  clerk  shall  securely  keep  said  envelope,  so  sealed,  with  the 
ballots,  and  papers  therein,  in  the  same  condition  as  it  was  received  by 
him  from  the  inspector,  in  his  office  (unless  opened  by  said  inspector, 
in  the  presence  of  the  board  of  canvassers,  as  herein  provided),  for  the 
period  of  six  months.  But  when  such  election  is  contested,  he  shall  pre- 
serve them  so  long  as  said  contest  is  undetermined,  subject  to  the  order 
of  the  court  trying  such  contest:     Provided,  That  said  inspector  shall. 


196 

after  sealing  said  envelopes  containing  such  ballots  and  one  of  his  poll 
books  and  tally  papers,  plainly  mark  said  envelope  upon  the  outside, 
in  ink,  with  the  name,  number  and  township.  And  after  each  election 
the  ballot  box  herein  provided  for  shall  be  by  said  inspector,  deposited 
with  the  township  trustee  of  the  township  in  which  his  precinct  is 
situated,  for  safe  keeping.  And  said  officers  of  election  shall,  upon 
receiving  the  pay  for  their  services  as  such  from  said  towTiship  trustee, 
deliver  to  him  the  keys  to  the  said  ballot  box  in  their  custody.  (R.  S. 
1908  and  1914,  §6955;  R.  S.  1901,  §6269;  R.  ,S.  1897,  §6568;  R.  S.  1894, 
§6269;  R.  S.  1881,  §4714.) 

[Acts  1905,  p.  189.    Approved  March  4,  1905.] 

204.  Board  of  Canvassers. 

1.  That  in  each  county  in  the  state  the  county  board  of  election 
commissioners  shall  constitute  a  county  board  of  canvassers,  who  shall 
canvass  and  estimate  the  certificates,  poll  lists  and  tally  papers  returned 
by  each  inspector  of  elections  in  the  county,  for  which  purpose  the  board 
shall  assemble  in  the  circuit  court  room  in  the  court  house,  at  six 
o'clock  p.  m.,  upon  the  day  of  each  election;  and  that  in  each  city  in  the 
state,  the  city  board  of  election  commissioners  shall  constitute  a  city 
board  of  canvassers,  who  shall  canvass  and  estimate  the  certificates,  poll 
lists  and  tally  papers  returned  by  each  inspector  of  election  at  all  city 
elections,  for  which  purpose  the  board  shall  assemble  in  the  council 
chamber  of  said  city  at  six  (6)  o'clock  p.  m.  upon  the  day  of  said 
election.     (R.  S.  1908  and  1914,  §6956;  R.  S.  1905,  §6270.) 

205.  Chairman— Clerk. 

2.  The  members  of  such  county  board  shall  select  one  of  their 
number  as  chairman,  and  the  clerk  of  the  circuit  court  shall  act  as 
clerk  of  the  county  board;  and  the  members  of  such  city  board  shall 
select  one*  of  their  number  as  chairman,  and  the  clerk  of  such  city  shall 
act  as  clerk  of  the  said  board.  (R.  S.  1908  and  1914,  §6957;  R.  S.  1905, 
§6271.) 

206.  Clerical  Assistants. 

3.  Each  of  such  board  of  canvassers  shall  employ  such  clerical 
assistance  as  in  its  judgment  may  be  deemed  necessary  for  the  proper 
canvassing  and  tabulating  of  the  vote:  Provided,  That  not  more  than 
one-half  of  the  clerks  employed  upon  such  work  of  canvassing  shall  be 
members  of  the  same  political  party;  and  such  clerks  shall  be  paid  for 
their  services  a  reasonable  compensation  to  be  fixed  by  said  board  of 
canvassers,  not,  however,  to  exceed  the  sum  of  fifty  cents  per  hour  to 
each  clerk  for  the  time  actually  employed  upon  such  canvass,  and  the 
order  of  said  county  board  upon  the  county  treasurer  for  clerical  services 
rendered  said  county  board  shall  be  sufficient  authority  to  the  county 
treasurer  to  pay  to  the  holder  of  the  same  the  amount  therein  fixed: 
Provided,  there  is  money  in  the  treasury  for  that  purpose;  if  there  be 
no  funds  to  pay  such  order  when  presented  the  treasurer  shall  indorse 
thereon  "Not  paid  for  want  of  funds,"  and  the  day  of  such  presentment 
over  his  signature,  which  shall  entitle  such  order  to  draw  thenceforth 


19 


legal  interest;  and  the  order  of  such  city  board  upon  the  city  treasurer 
lor  clerical  .services  rendered  such  city  board  shall  be  sufficient  authority 
for  the  city  treasurer  to  pay  to  the  holder  of  the  same  the  amount 
therein  fixed:  Provided,  There  is  money  in  the  city  treasury  for  that 
purpose,  and  if  there  be  no  funds  to  pay  such  order  or  orders  when  pre- 
sented the  treasurer  shall  indorse  thereon  "Not  paid  for  want  of  funds," 
and  the  date  of  such  presentment  over  his  signature,  which  shall  entitle 
such  order  to  draw  henceforth  legal  interest.  The  members  of  any  such 
board  shall  receive  for  their  sei-A'ices  as  board  of  canvassers  such  amount 
as  may  be  fixed  by  the  board  of  commissioners  or  common  council,  as 
the  case  may  be.     (R.  S.  1908  and  1914,  §6958;  R.  S.  1905,  §6272.) 

207.  Pay  of  Clerks  of  County  Board  of  Canvassers. 

Sec.  13.  The  clerks  employed  as  assistants  by  the  county  board  of 
canvassers  shall  be  paid  for  their  serv'^ices  a  reasonable  compensation  to 
be  fixed  by  such  board  not,  however,  to  exceed  the  sum  of  one  dollar  per 
hour  to  each  clerk  for  the  time  actually  employed  upon  such  canvass. 
(R.  S.  1921,  Sec.  6881m.) 

208.  Board's   Duties. 

4.  Such  county  or  city  board  when  organized  shall  carefully  com- 
pare and  examine  the  papers  intrusted  to  it,  and  aggregate  and  tabulate 
from  them  the  vote  of  the  county,  or  the  vote  of  the  city,  as  the  case 
may  be,  a  statement  of  which  shall  be  drawn  up  by  the  clerk  which  shall 
contain  the  names  of  the  persons  voted  for,  the  office,  the  number  of 
votes  given  in  each  precinct,  ward  or  township  in  a  county  election,  and 
in  each  ward  and  precinct  in  a  city  election  to  each  person;  the  number 
of  votes  given  to  each  in  the  county  or  city  and  also  the  aggregate 
number  of  votes  given,  which  statement  shall  be  signed  by  eaph  member 
of  such  board,  and  canvass  sheets  together  with  such  certificates,  poll 
books  and  tally  papers  shall  be  delivered  to  the  clerk,  and  by  him  filed 
in  his  office;  and  the  same  shall  be  preserved  by  him  open  to  the  in- 
spection of  any  legal  voter.  (R.  S.  1908  and  1914,  §6959;  R.  S.  1905, 
§6273.) 

209.  Certificates. 

*5.  Such  county  board  shall  declare  the  persons  having  the  highest 
umber  of  votes  given  for  any  office  to  be  filled  by  the  voters  of  a  single 
county  duly  elected  to  such  office,  and  certify  the  same  in  the  statement 
above  required;  and  such  city  board  shall  declare  the  persons  having  the 
highest  number  of  votes  given  for  any  office  to  be  filled  by  the  voters 
at  a  city  election,  duly  elected  to  such  office,  and  certify  the  same  in  the 
statement  above  required.  (R.  S.  1908  and  1914,  §6960;  R.  S.  1905, 
§6274.) 

210.  Tie  Vote. 

6.  If  two  or  more  persons  shall  have  the  highest  and  equal  number 
of  votes  for  a  single  office  to  be  filled  by  the  voters  of  such  county  or 
city,  such  county  or  city  board  shall  declare  that  no  person  is  elected  to 
fill  such  office,  and  shall  certify  the  same  in  the  statement  above  pro- 
vided and  when  filed  the  clerk  shall  certify  the  fact  to  the  tribunal  whose 


198 

duty  it  is  to  supply  vacancies  in  such  office,  or  to  issue  writ  of  election 
to  fill  the  same,  as  the  case  may  require.  (R.  S.  1908  and  1914,  §6961; 
R.  S.  1905,  §6275.) 

211.  Defective  Papers — Duty  of  Board. 

7.  No  tally  papers,  poll-books  or  certificates  returned  from  any 
election  by  board  of  judges  thereof  shall  be  rejected  for  want  of  form, 
or  for  lack  of  being  stiictly  in  accordance  with  the  direction  contained  in 
the  election  laws  if  the  same  can  be  satisfactorily  understood,  and  such 
board  of  canvassers  shall  in  no  case  reject  the  returns  from  any  precinct 
if  the  same  be  certified  by  the  board  of  election  of  that  precinct  as  re- 
quired by  law,  and  returned  by  the  inspector  or  one  of  the  judges  of 
said  board.     (R.  S.  1908  and  1914,  §6962;  R.  S.  1905,  §6275a.) 

212.  Evidence — ^When  Heard — Witness  in  Contempt. 

8.  County  or  city  board  of  election  commissioners  and  county  or  city 
boards  of  canvassers  in  matters  concerning  the  sufficiency  or  validity  of 
any  nominating  certificate  or  petition,  may  examine  on  oath  any  person 
touching  any  material  matter  connected  with  or  bearing  on  the  proper 
discharge  of  their  duties.  Any  member  of  the  board  may  administer  such 
oath.  Either  of  said  boards  is  given  full  power  to  send  for  persons  and 
papers,  and  compel  the  witnesses  to  answer  under  oath  touching  any  ques- 
tions which  may  properly  come  before  said  board.  The  sheriff  of  the 
county  in  county  elections  and  city  marshal  or  superintendent  or  chief  of 
police  in  city  elections  shall  serve  all  process,  and  obey  all  orders  of  such 
board,  and  shall,  during  the  canvass,  provide  a  deputy,  who  shall  remain 
in  attendance  upon  such  board  of  canvassers,  and  shall  be  paid  by  the 
county  or  city  for  such  services  at  the  rate  of  two  dollars  for  every  eight 
hours  of  such  attendance.  In  case  of  the  refusal  of  any  person  sub- 
poenaed to  attend  or  testify  such  fact  shall  be  reported  forthwith  by  such 
board  of  election  commissioners  or  said  board  of  canvassers,  to  any  circuit 
or  other  court  of  general  jurisdiction  of  the  county,  or  to  a  judge  thereof, 
and  such  court  or  judge  shall  order  such  witnesses  to  attend  and  testify, 
and  on  failure  or  refusal  to  obey  such  order  such  witnesses  shall  be  dealt 
with  as  for  contempt.     (R.  S.  1908  and  1914,  §6963;  R.  S.  1905,  §6275b.) 

213.  Disputes — Decision  by  Circuit  Judge. 

9.  In  case  of  a  disagreement  between  the  members  of  county  and 
city  board  of  canvassers  as  to  how  the  vote  of  any  precinct  shall  be 
counted  the  matter  in  dispute  shall  be  forthwith  reported  by  said  board 
to  the  judge  of  the  circuit  court  in  a  brief  written  statement  setting  forth 
the  grounds  of  disagreement,  together  with  all  papers  concei^iing  the 
matter,  and  such  judge  shall  summarily  determine  said  dispute,  and  direct 
how  such  vote  shall  be  counted,  and  such  determination  shall  be  final  as 
regards  the  action  of  said  board  of  canvassers.  (R.  S.  1908  and  1914, 
§6964;  R.  S.  1905,  §6275c.) 

214.  Certificate  of  Election. 

43.  Where  any  person  is  elected  to  an  office  by  the  voters  of  a  county 
not  to  be  commissioned  by  the  governor,  the  clerk  of  the  circuit  court 


199 

shall,  after  ten  days  from  the  time  the  board  of  canvassers  has  made  its 
returns,  make  out  and  deliver,  on  demand,  to  such  person,  a  certificate  of 
his  election;  and  in  case  where  any  officer  is.  to  be  commissioned  by  the 
governor,  he  shall  make  out  a  statement  under  his  hand  and  the  seal  of 
his  court,  specifying  the  number  of  votes  given  to  each  person  for  each 
office,  and  v^rho  has  been  declared  elected,  and  shall  transmit  the  same,  by 
mail,  to  the  secretary  of  state  within  the  time  aforesaid.  (R.  S.  1908  and 
1914,  §6968;  R.  S.  1901,  §6276;  R.  S.  1897,  §6574;  R.  S.  1894,  §6276;  R.  S. 
1881,  §4721.) 

215.  Defective   Returns — Commissions. 

44.  No  commission  shall  be  withheld  by  the  governor  on  account  of 
any  defect  or  informality  in  the  return  of  any  election  to  the  office  of 
secretary  of  sta1«,  if  it  can,  with  reasonable  certainty,  be  ascertained 
from  such  return  what  (  xice  is  intended  and  who  is  entitled  to  such  com- 
mission. (R.  S.  1908  and  1914,  §6969;  R.  S.  1901,  §6277;  R.  S.  1897,  §6576; 
R.  S.  1894,  §6277;  R.  S.  1881,  §4722.) 

216.  Certificates  of  Votes  for  Legislators. 

45.  When  two  or  more  counties  compose  a  district  to  elect  a  senator 
or  representative,  the  clerks  of  the  circuit  courts  of  such  counties,  on  the 
day  next  succeeding  the  return  day  of  such  election,  shall  make  out  a 
certificate  of  votes  received  by  each  individual  for  senator  or  representa- 
tive, and  deliver  the  same  to  the  sheriff.  (R.  S.  1908  and  1914,  §6970; 
R.  S.  1901,  §6278;  R.  S.  1897,  §6577;  R.  S.  1894,  §6278;  R.  S.  1881,  §4728.) 

217.  Certificates  of  Election  of  Legislators. 

46.  Such  sheriffs  shall  meet  on  the  Wednesday  next  following  the 
return  day  of  such  election,  between  the  hours  of  one  and  six  of  the  after- 
noon at  the  courthouse  of  the  oldest  county  in  such  district,  where  they 
shall  compare  the  certificates  delivered  to  them  by  the  clerks,  and  shall 
jointly  make  out  and  transmit  to  the  person  having  the  highest  number 
of  votes  for  senator  or  representative  a  certificate  of  his  election.  The 
county  first  organized  (or,  if  two  or  more  were  organized  at  the  same 
session,  then  the  county  having,  by  the  auditor  of  state's  last  report,  the 
highest  number  of  taxable  polls)  shall  be  deemed  the  oldest.  (R.  S.  1908 
and  1914,  §6971;  R.  S.  1901,  §6279;  R.  S.  1897,  §6578;  R.  S.  1894,  §6279; 
R.  S.  1881,  §4724.) 

218.  Tie  Votes  for  Legislators. 

47.  If  in  such  case  any  two  or  more  persons  shall  have  the  highest 
and  an  equal  number  of  votes  for  the  same  office,  such  sheriffs  shall  cer- 
tify the  fact  to  the  clerk  of  the  circuit  court  of  the  county  in  which  such 
sheriffs  shall  have  compared  such  votes,  and  such  clerk  shall  forthwith 
certify  the  same  to  the  governor.  (R.  S.  1908  and  1914,  §6972;  R.  S.  1901, 
§6280;  R.  S.  1897,  §6579;  R.  S.  1894,  §6280;  R.  S.  1881,  §4725.) 

219.  Certificate  to  Secretary  of   State. 

48.  Clerks  of  the  circuit  court,  on  the  day  succeeding  the  return  day 
of  such  election,  shall  make  out  in  words,  certified  statements,  officially 


200 

sealed,  of  the  number  of  votes  given  to  each  person  for  governor  and 
lieutenant-governor,  for  representative  in  congress,  judges  of  the  supreme 
and  circuit  courts,  clerk  of  the  supreme  court,  reporter  of  the  decisions 
of  the  supreme  court,  prosecuting  attorney,  superintendent  of  public  in- 
struction, secretary,  auditor  and  treasurer  of  state,  and  for  senator  and 
representative  in  the  general  assembly,  and  shall  deliver  the  same  to  some 
postmaster  of  the  county,  to  be  transmitted  by  mail  to  the  secretary  of 
state,  taking  from  such  postmaster,  and  filing  a  certificate  setting  forth 
particularly  the  time  when  such  certified  statement  was  deposited  in  such 
postoffice.  (R.  S.  1908  and  1914,  §6973);  R,  S.  1901,  §6281;  R.  S.  1897, 
§6580;  R.  S.  1894,  §6281;  R.  S.  1881,  §4726.) 

220.  Duty  of  Secretary  of  State. 

49.  The  secretary  of  state  shall,  in  the  presence*  of  the  governor, 
compare  and  estimate  the  number  of  votes  given  for  judges  of  the  supreme 
court,  reporter  of  the  decisions  of  the  supreme  court,  clerk  of  the  supreme 
court,  secretary  and  auditor,  and  treasurer  of  state,  and  superintendent 
of  public  instruction,  and  certify  to  the  governor  the  persons  receiving 
the  highest  number  of  votes  for  such  offices,  and  also  compare  and  esti- 
mate the  number  of  votes  given  for  judges  of  the  circuit  court  and 
prosecuting  attorney,  and  certify  to  the  governor  the  persons  having 
received  the  highest  number  of  votes  in  their  respective  districts;  and 
thereupon  the  governor  shall  transmit  by  mail  to  such  persons  their  com- 
missions. (R.  S.  1908  and  1914,  §6974;  R.  S.  1901,  §6282;  R.  S.  1897, 
§6581;  R.  S.  1894,  §6282;  R.  S.  1881,  §4727.) 

221.  Secretary  of  State  and  Governor,  as  to  Congressmen. 

50.  The  secretary  of  state,  as  soon  as  he  shall  receive  such  certified 
statements,  shall  compare  and  estimate  the  votes  given  for  representa- 
tives in  congress,  and  certify  to  the  governor  the  persons  having  the 
highest  number  of  votes  as  duly  elected;  and  the  governor  shall  give  to 
each  of  the  persons  returned  to  him,  as  aforesaid,  a  certificate  of  his 
election,  sealed  with  the  seal  and  attested  by  the  secretary  of  state: 
Provided,  that  no  return  of  any  county  which  has  come  into  his  hands, 
and  which  has  been  duly  authenticated  by  the  clerk  thereof,  under  seal, 
as  hereinbefore  provided,  shall  be  rejected  by  said  secretary  of  state,  but 
he  shall  estimate,  aggregate  and  tabulate,  and  report  to  the  governor  the 
total  number  of  votes  cast  in  each  county  for  each  candidate  for  state 
ofiice,  supreme  judge,  or  other  officer  to  be  elected  by  all  the  voters  of 
the  state,  and  members  of  congress,  as  evidence  to  him  by  the  face  of 
such  return  so  certified  to  him.     (R.  S.  1908  and  1914,  §6975;  R.  S.  1901, 

t;  R.  S.  1897,  §6582;  R.  S.  1894,  §6283;  R.  S.  1881,  §4728.) 


222.    Clerk's  Duty  as  to  Election  of  Governor. 

51.  Each  clerk  of  the  circuit  court  shall,  on  the  day  following  tl 
return  day  of  election  for  governor  and  lieutenant-governor,  make  out 
full  length,  two  certified  statements,  under  the  seal  of  his  court,  the  nun 
ber  of  votes  each  candidate  received;  one  of _ which  he  shall  transmit 
the  speaker  of  the  house  of  representatives  of  the  next  general  assembl 
by  his  senator  or  representative,  who  shall  deliver  the  same  to  such  speab 


201 

on  or  before  the  second  day  of  the  session,  and  the  other  certified  state- 
ment shall  be  transmitted  by  mail  to  Indianapolis,  directed  to  said  speaker 
and  to  the  care  of  the  secretary  of  state,  by  whom  the  same  shall  be 
delivered  to  the  speaker  on  or  before  the  second  day  of  the  session.  (R.  S. 
1908  and  1914,  §6977;  R.  S.  1901,  §6284;  R.  S.  1897,  §6583;  R.  S.  1894, 
§6284;  R.  S.  1881,  §4729.) 

223.    Pay  of  Election  Officers. 

10.  Each  judge,  each  clerk  and  each  assistant  clerk  of  any  gen- 
eral election  shall  be  allowed  and  paid  the  sum  of  nine  dollars  (9);  and 
each  sheriff  of  any  such  election  shall  be  allowed  and  paid  the  sum  of  six 
dollars  ($6),  and  each  inspector  of  such  election  shall  be  allowed  and 
paid  the  sum  of  twelve  dollars  ($12)  for  the  performance  of  all  the  duties 
of  his  office  imposed  on  him  by  law,  whether  the  same  is  rendered  before, 
on  the  day  of  or  after  such  election.     (R.  S.  1921,  Sec.  6881  j.) 

ARTICLE  II— SPECIAL  ELECTIONS. 


SEC. 

SEC. 

224. 

When  to  be  held. 

226. 

Notice  by  sheriff 

225. 

When  governor  to  order. 

227. 

How  conducted. 

[1881,  S.,  p.  482.    Approved  April  21, 1881.    In  force  September  19,  1881.] 

224.  When  to  Be  Held. 

■  53.    A  special  election  shall  be  held  in  the  following  cases: 

■  First.  Whenever  a  vacancy  shall  occur  in  the  office  of  senator  or 
■representative  during  a  session,  or  when  the  legislature  will  be  in  session 
wfter  the  occurrence  of  a  vacancy  and  before  a  general  election. 

B        Second.    Whenever  a  vacancy  shall  occur  in  the  office  of  representa- 
tive in  congress  while  in  session,  or  when  congress  will  be  in  session  after 
such  vacancy  occurs  and  before  a  general  election. 

Third.    Whenever  two  or  more  persons  receiving  votes  at  any  election 

shall  have  the  highest  and  an  equal  number  of  votes  for  the  same  office. 

Fourth.    Whenever  a  vacancy  occurs  in  any  office  required  to  be  filled 

at  a  special  election.     (R.  S.  1908  and  1914,  §6978;  R.  S.  1901,  §6286;  R. 

S.  1897,  §6585;  R.  S.  1894,  §6286;  R.  S.  1881,  §4731.) 

225.  When  Governor  to  Order. 

K  54.  Special  elections  not  otherwise  provided  for  shall  be  ordered  .by 
^he  governor,  who  shall  issue  a  writ  or  writs  of  election,  directed  to  the 
sheriff  or  sheriffs  of  the  proper  county  or  counties;  and  such  writ  shall 
specify  the  county,  district  or  circuit  in  which  such  election  is  to  be  held, 
the  cause  and  object  of  such  election,  the  name  of  the  person  whose  office 
is  vacant,  and  the  day  on  which  such  election  shall  be  held;  which  day 
shall  be  the  same  in  case  such  election  is  held  in  a  district  or  circuit  formed 
of  two  or  more  counties.  (R.  S.  1908  and  1914,  §6979;  R.  S.  1901,  §6872; 
R.  S.  1897,  §6586;  R.  S.  1894,  §6287;  R.  S.  1881,  §4732.) 

I   226.    Notice  by  Sheriff. 

55.    The  sheriffs  who  receive  such  writs  ordering  a  special  election 
shall  give  the  same  notice  thereof  as    is  required  of    general  elections: 


202 

Provided,  such  notice  may  be  set  up  and  published  ten  days  only.  (R.  S. 
1908  and  1914,  §6980;  R.  S.  1901,  §6288;  R.  S.  1897,  §6587;  R.  S.  1894, 
§6288;  R.  S.  1881,  §4733.) 

227.  How  Conducted. 

56.  All  special  elections  shall  be  conducted,  returned,  certified  and 
canvassed,  and  certificates  and  commissions  shall  issue,  and  shall  in  all 
respects  be  governed  by  the  provisions  of  this  law  regulating  general 
elections,  so  far  as  applicable.  (R.  S.  1908  and  1914,  §6981;  R.  S.  1901, 
§6289;  R.  S.  1897,  §6588;  R.  S.  1894,  §6289;  R.  S.  1881,  §4734.) 

ARTICLE  III— TOWNSHIP  ELECTIONS. 

SEC.  SEC. 

228.  When  held.  232.    Election  governed  by  general  law. 

229.  Township    trustee — Assessor — Date   of        233.    Ballots. 

election.  234.    Canvass— Inspector's  duties. 

280.    Terms  of  trustees  and  assessors.  235.    Tally  papers. 

231.    Justices  of  peace  and  constables.  236.    Certificates. 

[1893,  p.  192.    Approved  March  2,  1893.     In  force  May  18,  1893.] 

228.  When  Held. 

1.  The  time  of  holding  the  election  of  township  trustees,  justices  oi 
the  peace,  assessors,  constables,  road  supervisors  and  such  other  officers 
of  townships  as  may  be  provided  for  by  law,  shall  be  changed  from  the 
April  election,  and  all  such  township  officers  shall  be  elected  at  the  gen- 
eral election  to  be  held  on  the  first  Tuesday  after  the  first  Monday  ir 
November,  1894,  and  every  four  years  thereafter,  and  which  election  shalj 
be  conducted  by  the  provisions  of  the  law  governing  said  general  election 
(R.  S.  1908  and  1914,  §6982;  R.  S.  1901,  §6290;  R.  S.  1897,  §6589;  R.  S 
1894,  §6290.) 

[Acts  1911,  p.  113.    Approved  March  2,  1911.    In  force  April  21,  1911.] 

229.  Township  Trustee — Assessor — Date  of  Election. 

1.  That  section  one  (1)  of  the  above  entitled  act,  the  same  being 
section  6983  of  Burns'  Annotated  Indiana  Statutes,  revision  of  1908,  be 
and  the  same  is  hereby  amended  as  follows:  Section  1.  That  the  time 
for  holding  the  election  of  township  trustees  and  assessors  shall  b( 
changed  from  the  general  election  on  the  first  Tuesday  after  the  firs1 
Monday  in  November,  1912,  to  the  general  election  on  the  first  Tuesdaj 
after  the  first  Monday  in  November,  1914;  and  at  the  general  election  or 
the  first  Tuesday  after  the  first  Monday  in  November  of  every  fourth  yeai 
thereafter.     (R.  S.  1914,  Sec.  6983.) 


I 


[1901,  p.  415.    Approved  March  11,  1901.    In  force  May  15,  1901.] 
230.    Terms  of  Trustees  and  Assessors. 

3.  The  terms  of  all  township  trustees  and  township  assessors  to  b( 
elected  at  the  general  election  in  November,  1914,  shall  begin  on  the  firsi 
of  January,  1905;  and  thereafter  the  terms  of  office  of  all  township  trus 
tees  and  township  assessors  shall  begin  on  the  first  day  of  January  sue 
ceeding  their  election.    (R.  S.  1908  and  1914,  §6989;  R.  S.  1901,  §6293a. 


a.y 


203 

[1897,  p.  64.    Approved  February  25,  1897.    In  force  April  14,  1897.] 

231.  Justices  of  Peace  and  Constables. 

2.  The  time  of  holding  the  election  of  justices  of  the  peace,  con- 
stables and  such  other  officers  of  the  township,  as  may  be  provided  for 
by  law,  and  the  time  when  they  shall  enter  upon  the  duties  of  their 
respective  offices,  shall  remain  as  now  fixed  by  law.  (R.  S.  1908  and  1914, 
§6984;  R.  S.  1901,  §6290b;  R.  S.  1897,  §6591.) 

232.  Election  Governed  by  General  Law. 

3.  The  election  of  said  township  officers  shall  be  conducted  under  the 
provisions  of  the  law  governing  said  general  election.  (R.  S.  1908  and 
1914,  §6985;  R.  S.  1901,  §6290c;  R.  S.  1897,  §6592.) 

233.  Ballots. 

4.  The  names  of  the  different  candidates  for  said  township  offices 
shall  be  printed  on  separate  ballots  of  a  yellow  color  and  deposited  in 
separate  ballot  boxes  from  that  of  the  state  and  county  ballots;  said  ballot 
boxes  shall  be  painted  yellow  and  said  ballots  and  ballot  boxes  shall  be 
prepared  in  conformity  with  the  law  governing  said  general  elections. 
(R.  S.  1908  and  1914,  §6986;  R.  S.  1901,  §6291;  R.  S.  1897,  §6593.) 

[1881,  p.  482.    Approved  April  21,  1881.     In  force  September  19,  1881.] 

234.  Canvass — Inspector's  Duties. 

58.  The  board  of  judges  shall  count  the  votes  given  for  each  person 
for  each  office,  and  certify  the  result,  and  the  inspector  shall  file  one  of 
the  poll  books  and  tally  sheets,  with  ballots  on  a  string,  in  the  clerk's 
office  of  the  county,  within  ten  days  after  such  election.  If  two  or  more 
have  the  highest  and  an  equal  number  of  votes  for  the  same  office,  such 
judges  shall,  when  the  result  is  certified,  determine  by  lot  the  person 
entitled  to  the  office,  and  the  next  day,  the  inspector  shall  make  out  and 
deliver  to  the  person  elected,  when  demanded,  a  certificate  for  each  person 
elected  to  any  office  in  said  township,  except  justice  of  the  peace:  Pro- 
vided, that  if  there  be  more  than  one  precinct  in  said  township,  then  the 
inspectors  of  the  several  precincts  shall  meet,  on  the  day  following  the 
election,  at  the  office  of  the  township  trustee,  at  as  near  ten  o'clock  a.  m. 
as  is  practicable,  and  compare  the  poll  books  and  certificates  thereto  held 
by  them,  and  having  aggregated  the  vote  of  the  township,  declare  and 
certify  the  result;  and  if  two  or  more  persons  have  the  highest  and  an 
equal  number  of  votes  for  the  same  office,  they  shall  determine  by  lot 
which  shall  be  declared  elected,  and  give  a  certificate  accordingly.  (R.  S. 
1908  and  1914,  §6987;  R.  S.  1901,  §6292;  R.  S.  1897,  §6594;  R.  S.  1894, 
§6292;  R.  S.  1881,  §4736) 

[Acts  1905,  p.  193.] 

235.  Tally  Papers. 

The  tally  papers  for  township  elections  shall  be  kept  separate  and 
apart  from  those  upon  which  are  recorded  the  votes  cast  for  candidates 
for  state,  district  and  county  offices,  and  the  vote  for  township  officers 
shall  be  canvassed  as  heretofore  provided    by  law:    Provided,  however, 


204 

that  in  all  townships  having  more  than  ten  (10)  voting  precincts  the  vote 
thereof  for  township  officers  shall  be  canvassed  by  the  county  boarcj  of 
canvassers  as  herein  provided  for  all  county  elections.  (R.  S.  1908  and 
1914,  §6966;  R.  S.  1905,  §6275e.) 

[1889,  p.  344.    Approved  March  9,  1889.    In  force  May  10,  1889.] 

236.  Certificates. 

59.  Such  certificate  shall  entitle  the  holder  to  qualify  and  entei 
upon  his  discharge  of  the  duties  of  the  office  to  which  he  is  elected,  at  the 
expiration  of  ten  days  from  the  day  of  such  election,  except  that  of  tov/n- 
ship  trustee  and  township  assessor,  who  shall  enter  upon  the  duties  of 
their  offices  on  the  first  Monday  of  August  following  such  election,  and 
also  except  that  the  certificates  of  election  of  justices  of  the  peace  shall 
be  forwarded  by  the  inspector  aforesaid  to  the  clerk  of  the  circuit  court, 
who  shall  certify  the  result  for  that  office  to  the  secretary  of  state.  (R.  S. 
1908  and  1914,  §6988;  R.  S.  1901,  §6293;  R.  S.  1897,  §6595;  R.  S.  1894, 
§6293.) 

ARTICLE  IV— RECOUNTING. 

SEC.  SEC.  ■ 

237.  When  candidate  may  have.  242.     Ejections — Voting  machines — Recount.  5 

238.  Proceeding  to  obtain.  213.    Contest  petition — Order   for  recount.     ' 

239.  Order      for      recounting  —  How      con-        244.    Date  for  hearing. 

ducted.  245.    Hearing — Examination — Assistant. 

240.  Certificate  of  recount.  246.     Correction   of  totals. 

241.  Adjournments       forbidden — Pay — Bal- 

lots, how  preserved. 

[1881,  S.,  p.  482.    Approved  April  21,  1881.    In  force  September  19,  1881.] 

237.  When  Candidate  May  Have. 

61.  At  any  time  within  ten  days  after  the  Thursday  next  succeeding  j 
any  election,  any  candidate  for  office  at  such  election,  desiring  to  contest  ' 
the  same,  may  petition,  in  writing,  the  circuit  court,  if  in  session,  or  the 
judge  thereof  in  vacation,  for  a  recount  of  the  ballots  cast  at  such  election, 
by  three  commissioners,  appointed  by  the  court  or  judge,  two  of  whom 
shall  be  from  different  political  parties:  Provided,  that  such  appointments 
shall  be  made  from  the  political  parties  which  cast  the  highest  number  of 
votes  at  the  last  preceding  general  election.  (R.  S.  1908  and  1914,  §6990; 
R.  S.  1901,  §6294;  R.  S.  1897,  §6596;  R.  S.  1894,  §6294;  R.  S.  1881,  §4738.) 

1.  This  and  the  succeeding  four  sections  may  be  considered  as  re- 
pealed. 

238.  Proceeding  to  Obtain. 

62.  Upon  the  petition  of  such  candidate,  duly  verified,  showing  that 
he  desires  to  contest  such  election,  and  honestly  believes  that  there  was 
a  mistake  or  fraud  committed  in  the  official  count,  and  that  he  desires 
a  recount  of  the  ballots  cast  at  said  election  for  the  office  for  which  he? 
was  a  candidate,  and  upon  proof  that  he  has  served  a  written  notice  upon 
the  opposing  candidate  of  the  time  and  place  of  such  application,  five  days 
before  the  hearing,  and  upon  his  furnishing  a  written  undertaking,  with 
sufficient  freehold  surety,  that  he  will  pay  all  the  costs  of  such  recount, 
the  court  or  judge  shall  grant  the  prayer  of  said  petition  and  order  said 


205 

recount  to  be  made.     (R.  S.  1908  and  1914,  §6991;  R.  S.  1901,  §6295;  R.  S. 
1897,  §6597;  R.  S.  1894,  §6259;  R.  S.  1881,  §4739.) 

239.  Order  for  Re-counting^ — How  Conducted. 

63.  In  appointing  such  commissioners  to  make  said  recount,  the 
court  shall  fix  the  time  within  which  the  same  shall  commence,  not  ex- 
ceeding thirty  days  thereafter,  and  the  clerk  of  the  circuit  court  shall 
act  as  clerk  of  said  commissioners.  The  order  shall  provide  that  each 
of  the  candidates  may  be  present  during  said  recount;  and  two  qualified 
voters  of  the  county,  selected  by  each  of  said  candidates,  may  also  be 
present,  and  may  witness  the  recount  of  the  vote,  and  such  witnesses 
shall  conduct  themselves  in  a  quiet  and  orderly  manner,  and  shall  not 
interrupt  said  commissioners  while  in  the  discharge  of  their  duties. 
Such  order  shall  be  entered  on  the  order  book  of  the  circuit  court.  (R.  S. 
1908  and  1914,  §6992;  R.  S.  1901,  §6296;  R.  S.  1897,  §6598;  R.  S.  1894, 
§6296;  R.  S.  1881,  §4740.) 

240.  Certificate  of  Re-count. 

64.  When  said  recount  is  finished,  the  commissioners,  or  a  major- 
ity of  them,  shall  make  out  a  certificate,  under  their  hands,  stating  the 
number  of  votes  that  each  of  said  -candidates  has  received  for  said 
office  in  eacji  township  and  precinct,  and  which  of  said  candidates,  as 
shown  by  the  said  recount  received  the  highest  number  of  votes,  and 
what  his  majority  or  plurality  was;  and  said  certificate  shall  be  filed 
with  the  clerk  of  the  circuit  court  and  recorded  in  the  order  book  of 
said  court.  Such  certificate,  or  the  record  thereof,  may  be  used  as 
evidence  of  the  facts  therein  recited  upon  the  trial  of  any  contest  of 
said  election  between  said  candidates.  (R.  S.  1897,  §6599;  R.  S.  1894, 
§6297;  R.  S.  1881,  §4741.) 

241.  Adjournments  Forbidden — Pay — Ballots,  How  Preserved. 

65.  No  adjournment  shall  be  had  until  said  recount  is  finished  and 
said  certificate  is  made  out  and  filed.  Said  commissioners  shall  each  be 
allowed,  and  paid  by  said  petitioners,  at  the  rate  of  three  dollars  per 
day,  each,  for  their  services.  Said  clerk  shall,  as  soon  as  such  recount 
is  completed,  replace  said  ballots  in  the  ballot-boxes,  securely  lock  and 
seal  them,  and  keep  them  as  above  provided.  For  hi&  services  in  the 
matter  of  such  recount,  said  clerk  shall  receive  from  such  petitioner  the 
sum  of  five  dollars.  (R.  S.  1908  and  1914,  §6994;  R.  S.  1901,  §6298; 
R.  S.  1897,  §6600;  R.  S.  1894,  §6298;  R.  S.  1881,  §4742.) 

[Acts  1911,  p.  67.    Approved  February  25,  1911.   In  force  April  21,  1911.] 

242.  Elections — Voting  Machines — Re-count. 

1.  That  at  "any  time  within  ten  days  after  the  Thursday  next  suc- 
ceeding any  election,  wherein  the  votes  are  cast  by  means  of  voting 
machines,  any  candidate  for  office  at  such  election,  desiring  to  contest 
the  same,  may  petetion  [petition],  in  writing,  the  circuit  court,  if  in 
session,  or  the  judge  thereof  in  vacation,  for  a  recount  of  ballots  cast 
within  the  bounds  of  the  county  wherein  such  court  has  jurisdiction. 
<R.  S.  1914,  Sec.  6994a.) 


206 

243.  Contest  Petition — Order  for  Re-count. 

2.  Upon  the  petition  of  such  candidate,  duly  verified,  showing  that 
he  desires  to  contest  such  election,  and  honestly  believes  that  said 
machine,  or  machines,  was  defective,  or  was  tampered  with  unlawfully, 
or  there  was  mistake  or  fraud  committed  in  the  official  count  of  the  vote 
recorded  by  said  machine,  or  machines,  in  any  voting  precinct  or  precincts 
within  said  county,  and  that  he  desires  a  recount  and  correction  of  the 
ballots  cast  on  said  machine,  or  machines,  at  said  election  for  the  office 
for  which  he  was  a  candidate,  and  upon  his  furnishing  a  written  under- 
taking, with  sufficient  freehold  security,  that  he  will  pay  all  costs  of 
such  recount,  the  court  or  judge  shall  grant  the  prayer  of  said  petetion 
[petition]  and  order  said  recount  to  be  made,  and  set  the  same  for 
hearing  and  the  clerk  of  said  court  will  issue  process  on  the  petition 
against  the  opposing  candidate  as  provided  in  civil  cases.  (R.  S.  1914, 
Sec.  6994b.) 

244.  Date  of  Hearing. 

3.  In  fixing  such  date  for  said  recount  and  correction  the  court 
shall  fix  the  time  within  twenty  days  thereafter  unless  the  time  for 
granting  said  petetion  [petition]  to  be  in  vacation  and  more  than  twenty 
days  prior  to  the  first  day  of  the  next  succeeding  term  of  court,  in 
which  case  he  shall  fix  the  said  date  for  hearing  on  the  first  day  of  the 
following  term  of  said  court.     (R.  S.  1914,  Sec.  6994c.) 

245.  Hearing — Examination — Assistant. 

4.  Upon  the  day  fixed  the  court  shall  proceed  to  make  such  recount 
and  correction  by  hearing  evidence  as  in  other  cases  and  the  court  shall 
have  power  to  open  and  examine  said  machine  or  machines  and  to 
appoint  a  competent  mechanic  to  assist  in  such  examination  and  said 
examination  is  to  be  made  in  open  court  and  such  mechanic  shall  receive 
the  sum  of  $5  for  his  said  services  in  addition  to  the  regular  witness  fee. 
(R.  S.  1914,  Sec.  6994d.) 

246.  Correction  of  Totals. 

5.  When  the  evidence  is  heard  said  court  shall  decide  the  number 
of  votes  each  of  said  candidates  received  by  said  machine  or  machines 
in  said  respective  precinct  or  precincts  and  said  court  shall,  in  case  of 
fault  of  the  machine  to  properly  register  from  any  cause  or  an  incorrect 
or  fraudulent  count,  correct  the  same  and  give  to  each  of  said  candidates 
his  correct  vote  in  said  precinct  or  precincts,  and  shall  in  the  case  of 
township,  city  and  county  officers  correct  the  total  vote  of  such  candi- 
dates in  said  township,  city  or  county  in  accordance  with  said  finding 
and  declare  the  one  receiving  the  greatest  number  of  votes  elected  to 
said  office  and  in  circuit,  district  and  state  offices  such  correction,  if  any, 
shall  be  certified  by  the  clerk  of  said  court  to  the  secretary  of  state, 
who  shall  correct  the  total  vote  of  such  candidate  in  accordance  there- 
with.    (R.  S.  1914,  Sec.  6994e.) 


207 


ARTICLE  5.     CONTEST. 


SBC. 

247.  Who  may  contest. 

248.  Contest  for  state  office, 

249.  Notice. 

250.  Committee  to  try — Powers. 

251.  Contesting  seat  of  legislator. 

252.  Depositions. 

253.  Notice  to  contestee. 

254.  '  Powers  of  justices. 

255.  Vacancy. 

256.  Meeting  of  justices — Their  duty. 

257.  Clerk's  duty. 

258.  Duties  of  secretary  of  state. 

259.  Depositions  ;  when  read. 


SEC. 

260.  Causes  for  contest. 

261.  Election,   when  not  set  aside. 

262.  Contest  for  local  offices. 

263.  Notice  by  auditor  to  clerk. 

264.  Notice  to  county  board  and  contestee. 

265.  Subpoenas — Trial  of  contest. 

266.  Appeals. 

267.  Duty  of  court  on  appeal. 

268.  Voters  compelled  to  testify. 

269.  Fees  and  costs. 

270.  Commissioner  to  take  testimony. 

271.  Contest  for  municipal  office. 

272.  Appeal  to  Supreme  Court. 


[1881,  S.,  482.    Approved  April  21,  1881.    In  force  September  19,  1881.] 

247.  Who  May  Contest. 

66.  The  election  of  any  person  declared  elected  by  popular  vote  to 
any  office,  whether  state,  county,  township,  or  municipal,  may  be  con- 
tested by  any  elector  who  was  entitled  to  vote  for  such  person.  The 
person  contesting  such  election  shall  be  known  as  the  contestor;  the  per- 
son whose  election  is  contested,  as  the  contestee.  (R.  S.  1908  and  1914, 
§6995;  R.  S.  1901,  §6299;  R.  S.  1897,  §6601;  R.  S.  1894,  §6299;  R.  S. 
1881,  §4743.) 

248.  Contest  for  State  Office. 

67.  When  such  elector  may  choose  to  contest  the  election  of  any 
state  officer,  elective  by  the  people,  he  shall,  within  twenty  days  after  the 
first  day  of  the  next  session  of  the  general  assembly  thereafter,  deliver 
to  the  presiding  officer  of  the  house  of  representatives  specifications  of 
the  grounds  of  such  contest;  which  specifications  shall  be  verified  by  the 
affidavit  of  such  electors.  (R.  S.  1908  and  1914,  §6996;  R.  S.  1901, 
§6300;  R.  S.  1897,  §6602;  R.  S.  1894,  §6300;  R.  S.  1881,  §4744.) 

249.  Notice. 

68.  As  soon  as  such  presiding  officer  receives  such  specifications, 
he  shall  make  out  a  notice  of  contest,  which,  together  with  a  copy  of  the 
specifications,  he  shall  cause  to  be  directed  and  delivered  to  the  person 
whose  election  is  contested;  and  shall  immediately  give  notice  to  both 
houses  that  such  specifications  have  been  received.  (R.  S.  1908  and 
1914,  §6997;  R.  S.  1901,  §6301;  R.  S.  1897,  §6603;  R.  S.  1894,  §6301;  R.  S. 
1881,  §4745.) 

250.  Committee  to  Try — Powers. 

69.  Each  house  shall  choose,  by  a  viva  voce  vote,  seven  members 
of  its  own  body;  and  the  members  thus  selected  shall  constitute  a  com- 
mittee to  try  and  determine  such  contested  election;  and  for  that  purpose 
shall  hold  their  meetings  publicly,  at  the  capitol,  at  such  time  and  place 
as  they  may  designate,  and  may  adjourn  from  day  to  day,  or  to  a  day 
certain,  until  such  trial  shall  be  determined.  They  shall  have  power  to 
send  for  persons  and  papers  and  to  take  all  necessary  means  to  procure 
testimony,  extending  like  privileges  to  the  contestor  and  the  contestee; 
and  shall  report  their  judgment  in  the  premises  to  both  branches  of 
the  general  assembly;  which  report  shall  be  entered  on  the  journals  of 


208 

the  respective  houses,   and  the  judgment  of  such   committee  shall  be 

conclusive.     If  such  election  be  adjudged  invalid,   such   office  shall  be 

vacant.     (R.   S.  1908  and  1914,  §6998;   R.  S.   1901,  §6302;   R.  S.  1897, 
§6604;  R.  S.  1894,  §6302;  R.  S.  1881,  §4746.) 

251.  Contesting  Seat  of  Legislator. 

70.  Any  such  elector  who  may  choose  to  contest  the  election  of 
any  person  declared  elected  to  a  seat  in  the  senate  or  house  of  repre- 
sentatives shall,  within  ten  days  after  such  election,  file  with  the  clerk 
of  the  circuit  court  of  the  county  in  which  the  alleged  cause  of  contest 
originated,  a  statement  of  the  grounds  of  contest  on  which  he  relies, 
and  that  he  was  entitled  to  vote  at  such  election,  verified  by  his  affidavit. 
(R.  S.  1908  and  1914,  §6999;  R.  S.  1901,  §6303;  R.  S.  1897,  §6605;  R.  S. 
1894,  §6303;  R.  S.  1881,  §4747.) 

252.  •  Depositions. 

71.  When  such  statement  shall  be  filed,  such  clerk  shall  issue  a 
commission  directed  to  two  justices  of  the  peace  of  his  county,  not  of 
kin  to  the  contestor  nor  to  any  person  who  was  a  candidate  at  such 
election  for  the  office  of  the  election  to  which  is  contested,  to  meet 
at  such  time  and  place  as  shall  be  specified  in  such  commission,  not  less 
than  twenty  nor  more  than  thirty  days  from  the  time  of  issuing  the 
same,  for  the  purpose  of  taking  the  depositions  of  witnesses.  (R.  S. 
1908  and  1914,  §7000;  R.  S.  1901,  §6304;  R.  S.  1897,  §6606;  R.  S.  1894, 
§6304;  R.  S.  1881,  §4748.) 

253.  Notice  to  Contestee. 

72.  Written  notice  of  such  contest,  specifying  the  time  and  place 
of  taking  depositions  and  before  whom  to  be  taken,  and  a  copy  of  such 
statement,  certified  by  such  clerk,  shall,  within  ten  days  after  such 
statement  shall  have  been  filed,  be  delivered  to  the  contestee,  or,  if  he 
can  not  be  found,  shall  be  left  at  his  last  and  usual  place  of  residence 
by  the  sheriff  of  the  county,  who  shall  return  to  such  clerk  a  certified 
copy  of  such  notice,  with  the  manner  and  time  of  service  indorsed  thereon, 
for  which  he  shall  receive  from  the  contestor  the  same  fees  allowed  in 
writs  of  summons.  (R.  S.  1908  and  1914,  §7001;  R.  S.  1901,  §6305;  R.  S. 
1897,  §6607;  R.  S.  1894,  §6305;  R.  S.  1881,  §4749.) 

254.  Powers  of  Justice. 

73.  Either  of  such  justices  shall  have  power  to  issue  subpoenas,  to 
be  served  by  the  sheriff;  and  when  met  at  the  time  and  place  appointed 
to  take  depositions,  shall  have  the  same  power  to  issue  attachments  and 
assess  fines  against  witnesses  as  is  given  to  justices  in  the  trial  of  suits 
instituted  before  him.  (R.  S.  1908  and  1914,  §7002;  R.  S.  1901,  §6306; 
R.  S.  1897,  §6608;  R.  S.  1894,  §6306;  R.  S.  1881,  §4750.) 

255.  Vacancy. 

74.  If  either  of  the  justices  first  appointed  becomes  unable  to  pro- 
ceed in  such  examination,  such  clerk  shall  file  the  vacancy  with  any 
other  justice  of  the  county.  (R.  S.  1908  and  1914,  §7003;  R.  S.  1901, 
§6307;  R.  S.  1897,  §6609;  R.  S.  1894,  §6307;  R.  S.  1881,  §4751.) 


209 

256.  Meeting  of  Justices — Their  Duty. 

75.  Such  justices  shall  meet  at  the  time  and  place  appointed,  take 
and  certify  such  depositions  as  in  other  cases,  and  may  adjourn  from  time 
to  time,  and  when  the  same  is  closed,  shall  deliver  the  depositions,  with 
the  commission,  to  such  clerk.  (R.  S.  1908  and  1914,  §7004;  R.  S.  1901, 
§6308;  R.  S.  1897,  §6610;  R.  S.  1894,  §6308;  R.  S.  1881,  §4752.) 

257.  Clerk's  Duty. 

76.  Such  clerk  shall  seal  up  the  depositions,  original  statement  of 
the  grounds  of  contest,  the  copy  of  the  notice  served  on  the  contestee, 
and  the  commission  issued  to  such  justices,  indorse  thereon  the  names 
of  the  contesting  parties  and  the  branch  of  the  legislature  before  which 
such  contest  is  to  be  tried,  and  transmit  the  same,  by  mail,  to  the  secre- 
tary of  state.  (R.  S.  1908  and  1914,  §7005;  R.  S.  1901,  §6309;  R.  S. 
1897,  §6611;  R.  S.  1894,  §6309;  R.  S.  1881,  §4753.) 

258.  Duties  of  Secretary  of  State. 

77.  The  secretary  of  state,  on  or  before  the  second  day  of  the 
session  of  the  general  assembly  held  next  thereafter,  shall  deliver  such 
deposition  to  the  presiding  officer  of  the  proper  house,  who  shall  immedi- 
ately lay  the  same  before  such  house.  (R.  S.  1908  and  1914,  §7006;  R.  S. 
1901,  §6310;  R.  S.  1897,  §6612;  R.  S.  1894,  §6310;  R.  S.  1881,  §4754.) 

259.  Depositions.     When  Read. 

78.  At  any  time  after  notice  of  contest,  and  before  final  determina- 
tion, either  party  may  take  depositions  to  be  read  on  trial,  under  the  rules 
regulating  the  taking  of  depositions  to  be  read  in  the  circuit  court;  and 
such  depositions  shall  be  sent  by  mail  to  the  secretary  of  state,  who  shall 
deliver  the  same,  unopened,  to  the  presiding  officer  of  the  proper  house. 
(R.  S.  1908  and  1914,  §7007;  R.  S.  1901,  §6311;  R.  S.  1897,  §6613;  R.  S. 
1894,  §6311;  R.  S.  1881,  §4755.) 

260.  Causes  for  Contest. 

79.  Any  election,  the  contest  of  which  is  provided  for  in  this  act, 
may  be  contested  for  any  of  the  following  causes: 

First.  For  irregularity  or  malconduct  of  any  member  or  officer  of 
the  proper  board  of  judges  or  canvassers. 

Second.    When  the  contestee  was  ineligible. 

Third.  When  the  contestee,  previous  to  such  election,  shall  have  been 
convicted  of  an  infamous  crime,  such  conviction  not  having  been  reversed 
nor  such  person  pardoned  at  the  time  of  such  election. 

Fourth.     On  account  of  illegal  votes. 

(R.  S.  1908  and  1914,  §7008;  R.  S.  1901,  §6312;  R.  S.  1897,  §6614; 
R.  S.  1894,  §6312;  R.  S.  1881,  §4756.) 

261.  Election,  When  Not  Set  Aside. 

80.  No  irregularity  or  malconduct  of  any  member  or  officer  of  a 
board  of  judges  or  canvassers  shall  set  aside  the  election  of  any  person, 
unless  such  irregularity  or  malconduct  was  such  as  to  cause  the  contestee 
to  be  declared  elected  when  he  had  not  received  the  highest  numbar  of 

14—22129 


210 

legal  votes;  nor  shall  any  election  be  set  aside  for  illegal  votes,  unless  the 
number  thereof  given  to  the  contestee,  if  taken  from  him,  would  reduce 
the  number  of  his  legal  votes  below  the  number  of  legal  votes  given  to 
some  other  person  for  the  same  office.  (R.  S.  1908  and  1914,  §7009;  R.  S. 
1901,  §6313;  R.  S.  1897,  §6615;  R.  S.  1894;  §6313;  R.  S.  1881,  §4757.) 

262.  Contest  for  Local  Offices. 

81.  All  contests  for  county  and  township  officers  shall  be  tried  in 
the  proper  county;  and  all  contests  for  district  and  circuit  offices,  not 
otherwise  provided  for  in  this  act,  shall  be  tried  in  the  county  giving  the 
largest  vote  for  such  office  at  such  election;  and  whenever  an  elector  shall 
choose  to  contest  such  election  he  shall  file  with  the  auditor  of  the  proper 
county,  within  ten  days  after  such  person  has  been  declared  elected,  a 
written  statement  specifying  the  grounds  of  contest,  verified  by  the  affi- 
davit of  such  elector.  (R.  S.  1908  and  1914,  §7010;  R.  S.  1901,  §6314; 
R.  S.  1897,  §6616;  R.  S.  1894,  §6314;  R.  S.  1881,  §4758.) 

263.  Notice  by  Auditor  to  Clerk. 

82.  When  such  statement  is  filed  with  the  auditor  of  the  proper 
county  he  shall  immediately  give  notice,  in  writing,  to  the  clerk  of  the 
circuit  court,  that  the  election  to  such  office  is  contested;  and  when  the 
office  of  county  auditor  is  contested,  such  statement  shall  be  filed  with 
the  clerk,  who  shall  do  the  duties  otherwise  required  by  this  act  of  the 
auditor.  The  filing  of  such  statement  shall  be  notice  to  him.  (R.  S.  1908 
and  1914,  §7011;  R.  S.  1901,  §6315;  R.  S.  1897,  §6617;  R.  S.  1894,  §6315; 
R.  S.  1881,  §4759.) 

264.  Notice  to  County  Board  and  Contestee. 

83.  When  such  statement  is  filed  with  the  auditor  he  shall  issue  a 
notice  to  the  board  of  county  commissioners  to  meet  at  the  court  house 
at  a  designated  time,  not  less  than  ten  or  more  than  twenty  days 
thereafter,  to  try  such  contested  election,  and  shall  issue  a  notice  to 
the  contestee  to  appear  at  the  time  and  place  specified  in  the  notice  to 
the  commissioners;  which,  with  a  copy  of  such  statement,  shall  be  de- 
livered to  the  sheriff  of  the  county,  who  shall,  within  five  days  thereafter, 
serve  the  same  on  the  contestee,  by  delivering  to  him  a  copy  of  such 
notice  and  statement  or  leaving  a  copy  thereof  at  his  last  usual  place 
of  residence.  (R.  S.  1908  and  1914,  §7012;  R.  S.  1901,  §6316;  R.  S.  1897, 
§6618;  R.  S.  1894,  §6316;  R.  S.  1881,  §4760.) 

265.  Subpoenas — Trial  »f  Contest. 

84.  The  auditor,  at  the  request  of  either  party,  shall  issue  sub- 
poenas, which  shall  be  served  by  the  sheriff.  Such  board  of  commission- 
ers shall  try  and  determine  such  contest;  and  shall  have  power  to  compel 
the  attendance  of  witnesses,  to  swear  and  examine  the  same,  to  punish 
contempts  as  other  courts,  to  adjourn  or  continue  the  trial  from  time 
to  time,  not  exceeding  twenty  days  altogether;  to  make  the  necessary 
orders  for  the  payment  of  costs,  and  to  coerce  the  payment  of  the  same, 
and  shall  be  governed  in  such  trial  by  the  rules  of  law  obtaining  in 
circuit  courts.     And  if  it  be  proved  that  any  other  person  than  the  con- 


211 

testee  has  the  highest  number  of  legal  votes,  such  board  shall  declare 
such  person  elected,  and  certify  the  same  to  the  proper  officer.  (R.  S. 
1908  and  1914,  §7013;  R.  S.  1901,  §6317;  R.  S.  1897,  §6619;  R.  S.  1894, 
§6317;  R.  S.  1881,  §4761.) 

266.  Appeals. 

85.  Appeals  may  be  taken  herein,  as  from  other  decisions  of  such 
board:  Provided,  That  the  same  be  taken  within  ten  days.  (R.  S.  1908 
and  1914,  §7014;  R.  S.  1901,  §6318;  R.  S.  1897,  §6620;  R.  S.  1894,  §6318; 
R.  S.  1881,  §4762.) 

267.  Duty  of  Court  on  Appeal. 

86.  If  upon  such  appeal  the  circuit  court  confirm  such  election,  a 
certificate  thereof  shall  issue;  if  such  election  be  annulled,  and  no  other 
persons  declared  elected  to  the  same  office,  it  shall  be  declared  vacant. 
(R.  S.  1908  and  1914,  §7015;  R.  S.  1901,  §6319;  R.  S.  1897,  §6621;  R.  S. 
1894,  §6319;  R.  S.  1881,  §4763.) 

268.  Voters  Compelled  to  Testify. 

87.  Any  witness  who  voted  at  such  election,  when  called  to  testify 
in  any  such  case,  shall  be  required  to  answer  touching  his  qualifications; 
and  if  he  was  not  a  qualified  elector  he  shall  be  required  to  answer  for 
whom  he  did  vote,  and  such  admission  shall  not  be  used  against  him  in 
any  prosecution  for  illegal  voting.  (R.  S.  1908  and  1914,  §7016;  R.  S. 
1901,  §6320;  R.  S.  1897,  §6622;  R.  S.  1894,  §6320;  R.  S.  1881,  §4764.) 

269.  Fees  and  Costs. 

88.  The  sheriff,  auditor,  clerk  and  justices  of  the  peace,  for  services 
rendered  by  them  in  case  of  contested  elections  shall  receive  from  the 
party  at  whose  instance  such  services  are  performed,  the  fees  usually 
allowed  for  similar  services  in  other  cases;  which  fees  shall  be  taxed  as 
costs  against  the  losing  party,  and  collected  as  other  costs  are  taxed  and 
collected.  (R.  S.  1908  and  1914,  §7017;  R.  S.  1901,  §6321;  R.  S.  1897, 
§6623;  R.  S.  1894,  §6321;  R.  S.  1881,  §4765.) 

270.  Commissioner  to  Take  Testimony. 

89.  The  court  trying  the  case,  at  the  request  of  the  contestor  and 
contestee,  in  writing,  or  upon  the  application  of  either  party,  supported 
by  affidavit  showing  that  a  saving  of  expenses  to  the  parties,  the  con- 
venience of  the  witnesses,  and  the  ends  of  justice  will  be  promoted 
thereby,  may  appoint  a  commissioner  to  take  testimony  of  witnesses, 
in  writing,  at  any  time  before  the  final  hearing  and  shall  provide,  in  the 
order  of  appointment,  that  each  party  shall  give  reasonable  notice  to 
the  other  of  the  time  and  place  of  such  taking.  Such  commissioner  shall 
have  power  to  subpoena  and  compel  the  attendance  of  witnesses  residing 
in  the  county;  and  it  shall  be  his  duty  to  take  down,  in  writing,  all  the 
testimony  offered  by  the  parties,  and  to  note  all  objections  to  the  testi- 
mony; and  he  shall  report  the  same  to  the  court  trying  the  cause  within 
the  time  limited  by  the  order  appointing  him.  (R.  S.  1908  and  1914, 
§7018;  R.  S.  1901,  §6322;  R.  S.  1897,  §6624;  R.  S.  1894,  §6322;  R.  S. 
1881,  §4766.) 


212 

271.  Contest  for  Municipal  Office. 

90.  All  contests  for  municipal  officers  shall  be  tried  before  the  cir- 
cuit court  of  the  proper  county  in  the  manner  provided  by  law  for  the 
contest  of  county  and  township  offices.  The  clerk  of  the  circuit"  court 
shall  be  the  person  with  whom  the  notice  of  the  contest  shall  be  filed, 
and  he  shall  perform  all  the  duties  required  to  be  performed  by  him  and 
the  auditor  in  other  cases,  and  the  contest  shall  be  set  down  for  trial 
at  the  next  term  of  circuit  court.  (R.  S.  1908  and  1914,  §7019;  R.  S. 
1901,  §6323;  R.  S.  1897,  §6625;  R.  S.  1894,  §6323;  R.  S.  1881,  §4767.) 

272.  Election  Contests — Appeal — Bond. 

91.  In  all  cases  of  contested  elections  decided  by  the  cir- 
cuit court,  on  appeal  from  the  board  of  commissioneis,  the  party  feeling 
aggrieved  by  the  judgment  of  said  court  m.ay  appeal  therefrom  to  the 
supreme  court  as  in  other  civil  cases.  If  such  appellant  be  already  in 
possession  of  the  contested  office,  or  be  the  holder  of  a  certificate  of 
election  thereto,  issued  by  the  board  of  canvassers  or  other  proper  official, 
and  shall  execute  an  appeal  bond  in  a  sum  to  be  fixed  by  the  court,  suf- 
ficient to  cover  the  emoluments  of  the  office,  with  sureties  to  the  approval 
of  the  court,  payable  to  the  other  party,  within  thirty  (30)  days  from 
the  date  of  such  judgment,  his  rights  in  and  to  such  office  shall  not  be 
disturbed  pending  such  appeal;  and  in  case  he  elects  not  to  execute  such 
bond,  but  takes  a  vacation  appeal  and  perfects  the  same  within  ninety 
(90)  days  from  the  final  judgment  in  said  cause,  then  the  contestor  may 
file  a  like  bond,  payable  to  the  other  party,  with  surety  to  be  approved 
by  said  court,  and  thereupon  shall  be  entitled  to  the  possession  of  such 
office  pending  said  appeal;  but  if  he  shall  not  file  such  bond  within  one 
hundred  (100)  days  from  the  date  of  final  judgment  in  said  cause,  then 
the  right  to  the  possession  of  such  office  shall  remain  and  be  in  the  in- 
cumbent, or  person  holding  the  official  certificate  of  election  thereto, 
notwithstanding  said  judgment,  until  the  final  determination  of  said 
appeal.  And  upon  the  final  determination  of  said  cause,  any  party 
thereby  adjudged  to  be  entitled  to  said  office,  who  has  been  deprived  of 
the  possession  thereof,  and  who  has  been  kept  out  of  the  possession 
thereof  pending  said  appeal  shall  have  a  right  of  action  on  the  bond  of 
the  other  party,  for  the  amount  of  the  emoluments  of  such  office,  during 
such  time.     (As  amended  Acts  1919  p.  116,  R.  S.  1921,  Sec.  7020.) 

[Approved  March  8,  1921.] 

273.  Election  Contests — Voting  Machines  and  Paper  Ballots. 

1.  That  at  any  time  withtn  ten  (10)  days  after  the  Thursday  next 
succeeding  any  election,  wherein  the  votes  are  cast  by  means  of  voting 
machines  and  paper  ballots,  any  candidates  for  office  at  such  elections, 
desiring  to  contest  the  same,  may  petition,  in  writing,  the  circuit  court, 
if  in  session,  or  the  judge  thereof  in  vacation,  for  a  recount  of  the  votes 
cast  within  the  bounds  of  the  county  wherein  such  court  has  jurisdiction. 
(R.  S.  1921,  Sec.  7020a.) 

274.  Petition  for  Recount — Bond. 

2.  Upon  the  petition  of  such  candidate,  duly  verified,  showing  that 
he  desires  to  contest  such  election,  and  honestly  believes  that  said  ma- 


213 

chine,  or  machines,  was  defective,  or  was  tampered  with  unlawfully,  or 
there  was  mistake  or  fraud  committed  in  the  official  count  of  the  vote 
as  recorded  by  said  machine,  or  machines,  or  in  the  official  count  of  the 
paper  ballots  cast,  in  any  voting  precinct  or  precincts  within  said  county, 
and  that  he  desires  a  recount  and  correction  of  the  votes  cast  on  said 
machine,  or  machines,  and  the  paper  ballots  cast,  at  said  election  for  the 
office  for  which  he  was  a  candidate,  and  upon  his  furnishing  a  written 
undertaking,  with  sufficient  corporate  or  freehold  security,  that  he  will 
pay  all  costs  of  such  recount,  the  court  or  judge  shall  grant  the  prayer 
of  said  petition  and  order  said  recount  to  be  made,  and  set  the  same 
for  healing  and  the  clerk  of  said  court  will  issue  process  on  the  petition 
against  the  opposing  candidate  or  candidates  as  provided  in  civil  cases. 
(R.  S.  1921,  Sec.  7020b.) 

275.  Time  for  Recount. 

3.  In  fixing  such  date  for  said  recount  and  correction  the  court 
shall  fix  the  time  within  twenty  (20)  days  thereafter  unless  the  time 
of  granting  said  petition  be  in  vacation  and  more  than  twenty  (20) 
days  prior  to  the  first  day  of  the  next  succeeding  term  of  court,  in  which 
case  he  shall  fix  the  said  date  for  hearing  on  the  first  day  of  the  fol- 
lowing term  of  said  court.     (R.  S.  1921,  Sec.  7020c.) 

276.  Recount  Commission — Compensation. 

4.  And  the  court  on  granting  the  prayer  of  such  petition  shall 
appoint  three  (3)  recount  commissioners [,]  one  (1)  of  whom  shall  be 
a  competent  mechanic,  and  two  (2)  of  whom  shall  be  from  different 
political  parties.  It  shall  be  the  duty  of  the  three  (3)  recount  com- 
missioners so  appointed  to  assist  the  court  in  the  recount  and  correction 
of  the  votes  as  cast  on  the  machines  or  by  paper  ballot.  Such  exam- 
ination, recount  and  correction  of  the  vote  shall  be  made  in  open  court 
and  each  candidate  for  the  office  in  question  shall  be  entitled  to  name 
one  (1)  watcher  to  be  present  at  all  times  during  said  recount.  Each  of 
said  three  (3)  commissioners  shall  receive  as  compensation  ten  dollars 
($10)  per  day  for  such  days  as  they  are  actually  engaged  in  their  duties. 
(R.  S.  1921,  Sec.  7020d.) 

277.  Manner  of  Recount. 

5.  Upon  the  day  fixed  the  court  shall  proceed  to  make  such  recount 
and  correction  by  opening  up  and  examining  the  machines  and  paper 
ballots,  by  recounting  the  votes  cast  in  either  manner  and  by  correcting 
the  total.     (R.  S.  1921,  Sec.  7020e.) 

278.  Certificate  of  Recount. 

6.  When  such  examination  and  recount  is  finished  the  commission- 
ers or  a  majority  of  them  shall  make  out  a  certificate  under  their  hands 
stating  the  number  of  votes  received  by  each  candidate  for  the  office 
in  question,  and  such  certificate  shall  be  recorded  on  the  order  book  of 
said  court.  Such  certificate  or  record  thereof  shall  be  deemed  pima 
[prima]  facie  proof  of  the  facts  therein  recited  in  any  contest  proceed- 
ing but  shall  be  deemed  a  conclusive  determination  of  the  matter  for  all 
other  purposes  unless  its  effect  is  suspended  or  set  aside  by  such  con- 
test proceeding.     (R.  S,  1921,  Sec,  7020f.) 


•     -^  214 

279.  Machines  and  Ballots  in  Custody  of  Court  During  Recount. 

7.  During  such  recount  all  of  said  election  machines,  ballots,  re- 
turns and  records  of  all  sort  shall  be  preserved  in  the  safe  custody  of 
the  circuit  court  and  at  the  conclusion  thereof  said  election  machines, 
ballots,  returns  and  records  of  all  sort  shall  be  returned  intact  and  un- 
altered to  the  persons  by  law  charged  with  the  custody  of  the  same. 
(R.  S.  1921,  Sec.  7020g.) 

280.  Costs  of  Recount. 

8.  The  costs  of  said  recount  proceedings  shall  be  paid  by  the  peti- 
tioner.    (R.  S.  1921,  Sec.  7020h.) 

281.  Jurisdiction  of  Superior  Court. 

9.  Any  circuit  or  superior  court  on  application  of  any  party  to  a 
contest  of  election  proceeding  pending  in  such  court  may  for  the  pur- 
pose of  expediting  such  pending  contest  proceeding  resort  to  the  recount 
and  correction  proceedings  herein  provided  for  and  any  such  circuit  or 
superior  court  on  application  made  during  the  pendency  of  such  contest 
of  election  proceeding  shall  have  the  same  jurisdiction  and  powers  as 
are  herein  given  to  the  circuit  court  on  an  original  petition,  Provided 
however.  That  the  expenses  of  a  recount  on  application  of  a  party 
pendente  lite  shall  abide  the  result  of  the  final  judgment  in  such  contest 
proceedings  of  which  such  recount  is  in  aid.     (R.  S.  1921,  Sec.  7020i.) 

282.  Act  Supplemental. 

10.  The  provisions  of  this  act  shall  not  be  construed  as  repealing 
or  in  conflict  with  any  other  laws  now  in  existence  upon  the  subject  of 
recount  of  votes  cast  at  any  election  whether  cast  on  machines  or  by 
paper  ballots  but  shall  be  construed  as  supplemental  to  any  such  law. 
(R.  S.  1921,  Sec.  7020j.) 

ARTICLE  6.     CORRUPT  PRACTICES  ACT. 

SEC.  SEC. 

283.  Elections — Corrupt    practices — Appli-        298.    Federal  act  defining  political  commit- 

cation  of  act.  tee. 

284.  Elections  —  Corrupt   practices — Terms        299.    Chairman    and    treasurer  —  Duty    of 

defined — Treasurer  or  agent.  treasurer. 

285.  .Political  committee  treasurer — Bond —        300.    Disbursements   in    ercess   of   $10 — Rc- 

Penalty.  quirements. 

286.  Soliciting       contributions  —  Voluntary        301.    Accounts  of  contributions. 

contributions.  302.    Publicity  of  campaign  contributions. 

287.  Payment  of  election  expenses.  303.    What  public  statements  must  show. 

288.  Legitimate  expenses — Penalty.  304.    Persons  expending  over  $50  to  influ- 

289.  Treasurer  or  agent's  report — Penalty.  encc  the  election  of  a  congressman 

290.  Candidates'    statements — Exceptions —  must  file  statements. 

Penalty.  305.    "Candi'Iate"  defined — Duties  of  candi- 

291.  False  statement — Perjury.  dates  for  Congress. 

292.  Statements  become  public  records.  306.    Candida,  tes  for  Congress  may  pay  all 

293.  Corrupt    practices  —  Guilt     defined  —  necc  sary  personal  expenses  out  of 

Penalty.  own  private  funds. 

294.  Contributions  by  corporations  unlaw-        307.    Candidj.'es  may  pay  proper  legal  ex- 

ful — Penalty.  penp  s. 

295.  Contest      complaint  —  Petition  —  Pro-        308.    Penalt  r:s  for  violation  of  act. 

ceedings.  309.    Federn  law  prohibiting  contributions 

296.  Costs — W^itnesses  and  documents.  by  c    rporations. 

297.  Prosecuting   attorney — Duties. 

[Acts  1911,  p.  288.    Approved  March  3,  19D.     In  force  March  3,  1911.] 
283.     Elections — Corrupt  Practices — Applicat'an  of  Act. 

1.  That  the  provisions  of  this  act  shall  apply  to  the  election  of  all 
pfficers  for  whom  b^ljot?  shall  be  cast  pursuant  to  the  provisions  of  the 


215 

laws  relating  to  elections,  to  the  election  of  all  officers  to  be  voted  for 
by  the  general  assembly,  by  the  common  council  of  any  city  or  the  board 
of  trustees  of  any  incorporated  town,  to  the  election  of  county  superin- 
tendents, to  all  caucuses  and  primary  elections,  preliminary  to  any  such 
other  elections,  and  to  all  candidates  to  be  voted  for  at  such  elections, 
caucuses  and  primary  elections.  The  term  "caucus  and  primary  elec- 
tions" shall  include:  (a)  all  meetings  and  elections  held  to  nominate 
a  candidate  for  office  or  to  elect  delegates  to  a  nominating  convention; 
(b)  nominating  conventions  of  such  delegates,  and  (c)  caucuses  of  mem- 
bers of  the  general  assembly,  of  the  common  council  of  any  city,  and  of 
the  board  of  trustees  of  any  incorporated  town.     (R.  S.  1914,  Sec.  7111a.)  - 

284.    Elections — Corrupt  Practices — Terms  Defined — Treasurer  or  Agent. 

2.  The  term  "political  committee"  as  used  in  this  act  shall  include 
every  committee  or  combination  of  two  or  more  persons  to  aid  or  pro- 
mote the  success  or  defeat  of  any  political  party  or  principle  in  any 
election,  or  of  any  proposition  submitted  to  vote  at  a  public  election, 
or  to  aid  or  take  part  in  the  nomination  or  election  of  any  candidate 
for  public  office.  The  term  "treasurer"  shall  include  all  persons  ap- 
pointed by  any  political  committee  to  collect,  keep,  receive  or  disburse 
moneys  or  any  other  thing  of  value  to  aid  or  promote  the  success  or 
defeat  of  any  such  party,  principle  or  candidate.  The  term  "political 
agent"  shall  include  all  persons  appointed  by  any  candidate  before  any 
election  or  primary  election  to  assist  him  in  his  candidacy,  or  to  collect, 
keep,  receive  or  disburse  moneys  or  any  other  thing  of  value  to  aid  or 
promote  the  success  of  such  candidate.  No  persons  shall  act  as  any 
such  treasurer  or  political  agent  until  he  has  been  appointed  in  writing, 
which  written  appointment  shall  be  signed  by  the  chairman  of  the  politi- 
cal committee  or  candidate  appointing  such  treasurer  or  political  agent 
and  until  such  written  appointment  has  been  filed  with  the  clerk  of  the 
circuit  court  of  the  county  within  which  such  treasurer  or  political  agent 
resides  except  in  the  case  of  the  treasurer  of  the  state  central  commit- 
tee of  any  party,  when  such  written  appointment  shall  be  filed  in  the 
office  of  the  secretary  of  state,  and  until  such  treasurer  has  given  bond 
as  required  by  section  3  of  this  act.  Every  such  written  appointment 
shall  designate  the  particular  period,  election  or  primary  election  within 
which  such  treasurership  or  political  agency  shall  continue.  Nothing  in 
this  act  shall  prevent  a  treasurer  or  the  political  agent  of  any  candidate 
from  being  the  treasurer  of  another  political  committee  or  the  political 
agent  of  any  other  candidate.  Any  candidate  may,  without  appointing 
a  political  agent,  make  such  disbursements  as  political  agents  may  make 
under  the  provisions  of  this  act;  and  in  such  case  such  candidate  shall 
not  be  required  to  file  a  written  appointment,  give  bond  or  make  a  report 
as  a  political  agent,  but  shall  include  in  the  statement  required  to  be 
filed  by  him  as  a  candidate,  under  the  provisions  of  section  eight  (8)  of 
this  act,  a  full,  true  and  detailed  account  and  statement  of  the  matters 
and  facts  required  to  be  reported  by  political  agents  under  the  provisions 
of  section  seven  (7)  of  this  act.  No  person  shall  be  appointed  or  act 
as  treasurer  or  political  agent  in  any  election  or  primary  election  who 
is  not  a  citizen  and  resident  of  the  State  of  Indiana,  and  no  person  shall 


216 

be  appointed  or  act  as  any  such  treasurer  or  political  agent  who  is  the 
chairman  of  any  political  committee.  Any  political  committee  shall  have 
the  power  and  right  to  remove,  without  assigning  any  cause  therefor, 
any  person  appointed  by  such  committee  as  treasurer  and  to  appoint  the 
successor  of  such  removed  treasurer.  Upon  such  removal  said  treasurer 
shall  immediately  account  for  and  turn  over  to  his  successor  in  office 
the  moneys  then  in  his  possession  as  such  treasurer  and  shall  within 
twenty  days  after  such  removal  file  a  full,  true  and  detailed  account  and 
statement  of  his  receipts  and  expenditures  with  the  clerk  of  the  circuit 
court  in  the  county  in  which  he  resides  in  accordance  with  the  provisions 
of  section  7  of  this  act.  Any  candidate  shall  have  the  power  and  right 
to  remove,  without  assigning  any  cause  therefor,  any  person  appointed 
by  him  as  a  political  agent  and  to  appoint  the  successor  of  such  removed 
political  agent.  Upon  such  removal,  said  political  agent  shall  immedi- 
ately account  for  and  turn  over  to  the  candidate  appointing  him  the 
moneys  then  in  his  possession  as  such  political  agent  and  shall  within 
twenty  days  after  such  removal  file  a  full,  true  and  detailed  account 
and  statement  of  his  receipts  and  expenditures  with  the  clerk  of  the 
circuit  court  in  the  county  in  which  he  resides  in  accordance  with  the 
provisions  of  section  7  of  this  act.  (As  amended.  Acts  1913,  p.  ^89.  R. 
S.  1914,  Sec.  7111b.) 

285.     Political  Committee  Treasurer — Bond — Penalty. 

3.  Every  political  committee  shall  appoint  and  constantly  maintain 
a  treasurer  to  collect,  receive,  keep  and  disburse  all  sums  of  money  or 
other  valuable  things  which  may  be  collected,  received  or  disbursed  by 
such  committee  or  any  of  its  members  for  any  purposes  mentioned  in 
section  1  of  this  act  or  for  which  such  committee  exists  or  acts,  and 
unless  such  treasurer  is  first  so  appointed  and  maintained  it  shall  be  un- 
lawful and  a  violation  of  this  act  for  a  political  committee  or  any  of  its 
members  to  collect,  receive,  keep  or  disburse  money  or  other  valuable 
things  for  any  such  purposes.  The  treasurer  appointed  under  this  act 
by  the  state,  district,  county  or  city  central  committee  of  any  political 
party,  before  proceeding  to  act  as  such  treasurer,  shall  execute  a  bond 
payable  to  the  State  of  Indiana  in  such  penalty  as  the  committee  by 
whom  he  shall  be  appointed  shall  prescribe,  except  that  in  no  event  shall 
the  minimum  penalty  of  such  bond  for  the  treasurer  of  a  state,  county 
or  city  central  committee  be  less  than  five  hundred  dollars,  and  with 
surety  or  sureties  to  the  approval  of  such  committee,  which  bond  shall 
be  conditioned  for  the  faithful  performance  by  such  treasurer  of  the 
duties  of  his  office  without  loss  or  detriment  to  any  person  interested  in 
the  performance  of  such  duties  and  the  payment  by  such  treasurer  of  all 
sums  of  money  in  his  hands  to  his  successor  as  such  treasurer  upon 
which  bond  an  action  may  be  maintained  in  the  name  of  the  State  of 
Indiana  for  the  use  of  any  persons  interested  in  the  faithful  performance 
of  his  said  duties  as  such  treasurer  and  injured  by  a  breach  of  the  con- 
dition of  said  bond,  or  in  the  event  of  the  failure  of  such  treasurer  to 
account  to  his  successor  in  office  the  action  may  be  maintained  in  the 
name  of  the  State  of  Indiana  for  the  use  of  such  successor  in  office. 
Said  bond  shall  be  filed  in  the  office  of  clerk  of  the  circuit  court  in  the 


217 

county  where  such  treasurer  resides  at  the  time  of  his  appointment 
except  in  the  case  of  the  treasurer  of  the  state  central  committee,  whose 
bond  shall  be  filed  in  the  office  of  the  secretary  of  state  of  the  State  of 
Indiana.  The  premium  required  to  be  paid  for  such  bonds,  if  any,  may 
be  paid  by  such  treasurer  out  of  the  funds  that  shall  come  into  his 
hand  as  such  treasurer  and  shall  be  allowed  to  him  as  a  credit  in  the 
settlement  of  his  accounts.  All  moneys  or  other  valuable  things  col- 
lected, received  or  disbursed  by  any  political  committee  or  by  any  member 
or  members  thereof  for  any  political  purpose  shall  be  paid  over  to  and 
made  to  pass  through  the  hands  of  the  treasurer  of  such  committee  and 
shall  be  disbursed  by  him  and  not  otherwise:  Provided,  however,  That 
such  disbursement  may  be  made  by  a  voucher  drawn  by  the  chairman 
of  such  political  committee  on  the  treasurer  and  presented  to  such  treas- 
urer for  payment,  which  voucher  shall  show  the  specific  purpose  for 
which  said  money  is  being  expended.  And  it  shall  be  unlawful  and  a 
violation  of  this  act  for  any  political  committee  or  for  any  member  or 
members  thereof  to  disburse  or  expend  money  or  any  other  valuable 
thing  so  disbursed  or  expended  shall  have  passed  through  the  hands  of 
the  treasurer  of  said  committee,  and  any  person  other  than  a  member 
of  such  political  committee  or  other  than  the  political  agent  hereinbefore 
defined,  who  shall  engage  in  receiving  or  disbursing  money  for  any 
political  purpose  shall  be  deemed  a  treasurer  of  a  political  committee 
within  the  meaning  of  this  act,  and  shall  be  subject  to  all  the  require- 
ments, obligations  and  penalties  hereby  provided  for  in  the  case  of  such 
treasurer:  Provided,  however.  That  the  treasurer  appointed  under  this 
act  by  the  state,  district,  county  or  city  central  committee  of  any  politi- 
cal party  may  appoint  one  sub-treasurer  for  each  voting  precinct  in  said 
state,  county  or  city,  as  the  place  may  be,  or  may  appoint  a  sub-treasurer 
for  several  voting  precincts  within  his  jurisdiction,  which  sub-treasurer 
is  authorized  to  collect  money  for  the  treasurer  by  whom  he  is  appointed 
and  to  turn  said  money  over  to  such  treasurer  without  diminution  or  to 
expend  such  money  as  may  be  placed  in  his  hands  by  the  treasurer  ap- 
pointing him  for  such  purpose  as  are  unlawful  under  the  provisions  of 
this  act  and  for  no  other  purpose,  or  such  sub-treasurer  may  be  appointed 
both  for  the  purpose  of  collecting  and  expending  money;  it  shall  be  the 
duty  of  every  sub-treasurer  within  twenty  days  after  every  election 
or  primary  election  to  make  a  report  in  writing  under  oath  to  the  clerk 
of  the  circuit  court  of  the  county  in  which  such  sub-treasurer  resides, 
stating  in  detail  the  amount  of  money  collected  by  him  and  from  whom 
and  when  collected,  or  the  amount  of  money  placed  in  his  hands  by  said 
treasurer  and  for  what  purpose  the  said  money  was  expended  by  him 
and  to  whom  paid,  or  both,  if  such  sub-treasurer  has  both  collected  and 
disbursed  money  or  other  things  of  value,  and  each  sub-treasurer  shall 
file  vouchers  for  all  money  expended  by  him,  which  vouchers  shall  state 
the  purpose  for  which  said  sums  are  expended;  but  in  no  event  shall  a 
sub-treasurer  who  is  appointed  to  collect  money,  expend  or  disburse  any 
money  so  collected  by  him,  but  he  shall  in  every  case  deliver  the  same 
and  every  part  thereof  without  diminution  to  the  treasurer  appointing 
him.  Such  sub-treasurers  shall  not  be  required  to  give  bond,  but  shall, 
before  serving  as  such,  receive  from  the  treasurer  appointing  them  an 


218 

appointment  in  writing  stating  for  what  purpose  such  sub-treasurer  is 
appointed,  the  name  of  such  sub-treasurer,  the  territory  in  which  he  shall 
act,  and  the  time  for  which  he  is  appointed.  Every  treasurer  appointing 
a  sub-treasurer  shall  be  liable  on  his  official  bond  for  any  •  dereliction 
in  duty  or  misappropriation  or  unauthorized  expenditure  of  funds  by 
any  subtreasurer  so  appointed  by  him.  Any  member  of  a  political  com- 
mittee which  has  appointed  and  maintains  a  treasurer  in  accordance  with 
the  provisions  of  this  act  may  solicit  or  receive  contributions  for  political 
purposes  provided  that  the  same  are  immediately  turned  over  without 
diminution  to  such  treasurer  of  said  committee  and  by  such  treasurer 
disbursed  and  accounted  for  as  provided  by  this  act,  and  when  money  is 
so  received  the  treasurer  in  his  account  and  statement  in  addition  to  the 
requirements  of  section  seven  (7)  of  this  act,  shall  show  through  what 
members  of  such  committee  said  sum  or  sums  were  received.  Any  per- 
son or  persons  violating  or  failing  to  comply  with  any  of  the  provisions 
of  this  section  or  the  preceding  section  of  this  act  shall  be  guilty  of  a 
misdemeanor  and  upon  conviction  thereof  shall  be  fined  not  less  than 
three  hundred  dollars,  nor  more  than  one  thousand  dollars,  or  imprisoned 
in  the  county  jail  for  not  more  than  one  year,  or  both  fined  and  impris- 
oned in  the  discretion  of  the  court  or  jury  trying  said  cause.  (As 
amended,  Acts  1913,  p.  489.     R.  S.  1914,  Sec.  7111c.) 

286.     Soliciting  Contributions — Voluntary  Contributions. 

4.  It  shall  be  unlawful  for  any  political  committee  or  officer  thereof 
to  solicit  any  contribution,  payment  or  favor  from  any  candidate  for  any 
office  or  from  any  person  desiring  to  become  a  candidate:  Provided, 
however,  That  any  such  political  committee  may  assess  against  and 
collect  from  the  candidate  before  any  primary  election,  convention  or 
mass  convention  not  held  pursuant  to  the  laws  of  this  state,  the  neces- 
sary costs  and  expenses  of  holding  such  primary,  convention  or  mass 
convention.  And  it  shall  be  unlawful  for  any  person,  firm  or  corporation 
to  solicit  from  any  political  committee  or  member  thereof  or  any  treas- 
urer, sub-treasurer,  or  political  agent  or  candidate  any  contribution  or 
donation,  or  to  solicit  advertising  or  money  or  things  of  value  for  adver- 
tising purposes  from  any  sucJi  political  committee  or  member  thereof, 
treasurer,  sub-treasurer,  political  agent  or  candidate.  Any  person 
nominated  as  a  candidate  for  public  office  or  a  candidate  for  such  nomina- 
tion, except  as  hereinafter  provided,  may  make  a  voluntary  payment  of 
money  to  any  treasurer  or  political  agent,  for  any  of  the  purposes  per- 
mitted by  this  act:  Provided,  however,  That  no  person,  other  than  such 
candidate  shall,  to  aid  or  promote  the  success  or  defeat  of  any  political 
party  or  principle  or  of  any  candidate  for  public  office,  or  of  any  candi- 
date for  nomination  as  such,  within  six  months  prior  to  any  such  elec- 
tion, make  a  contribution  of  money  or  property  or  incur  any  liability 
or  promise  any  valuable  thing  to  any  person  other  than  a  treasurer, 
sub-treasurer  or  political  agent.  No  contributions,  payment  or  favors 
of  any  kind  shall  be  made,  extended  by  or  solicited  from  any  private 
corporation  to  promote  the  success  or  defeat  of  any  candidate  for  public 
office  or  of  any  political  party  or  princple  or  for  any  other  political 
purpose  whatever.     Nothing  contained  in  this  act  shall  limit  or  affect 


219 

the  right  of  any  person  to  expend  money  for  proper  legal  expenses  in 
maintaining  or  contesting  for  result  of  any  election.  It  shall  be  lawful 
for  the  state,  district,  county,  township  or  city  central  committee  of  any 
party  to  receive  contributions  from  the  national  committee  or  the  na- 
tional congressional  committee  of  any  such  political  party  to  be  expended 
for  purposes  authorized  by  this  act.  It  shall  be  lawful  for  the  district 
committee  of  any  political  party  to  receive  contributions  from  the  state 
central  committee  of  such  party,  for  the  county  committee  of  any  party 
to  receive  contributions  from  either  the  district  or  state  central  com- 
mittee of  such  party,  for  the  township  committee  to  receive  contributions 
from  either  the  state,  district  or  county  committee  of  such  party,  and  for 
the  city  central  committee  of  any  political  party  to  receive  contributions 
from  the  state,  district,  township  or  county  central  committee  of  such 
party,  all  of  said  contributions  to  be  expended  for  the  purposes  author- 
ized by  this  act.  It  shall  be  lawful  for  the  national  committee  of  any 
political  party  to  receive  contributions  through  a  treasurer  or  agents 
appointed  by  such  national  committee  to  serve  within  the  State  of 
Indiana  and  such  treasurer  or  agents  so  appointed  shall  not  be  required 
to  file  any  bond,  but  before  receiving,  soliciting  or  collecting  any  money 
or  things  of  value  within  this  state,  such  treasurer  or  agent  shall  file 
with  the  secretary  of  state  of  the  State  of  Indiana  an  appointment  in 
writing  signed  by  the  chairman  of  said  national  committee,  stating  the 
name  of  such  treasurer  or  agent,  the  territory  within  which  he  shall 
act  and  the  time  for  which  he  is  appointed:  Provided,  That  such  treas- 
urer or  agent  shall  not  receive  any  contribution  or  payment  of  any  kind 
within  this  state  for  said  national  committee  from  any  person  or  cor- 
poration who  is  prohibited  by  this  act  from  making  a  voluntary  con- 
tribution to  a  political  committee  within  this  state  and  such  treasurer 
or  political  agent  shall  not  solicit  money  or  other  valuable  thing  from 
any  person  or  corporation  within  this  state  where  by  this  law  a  political 
committee,  treasurer  or  political  agent  is  prohibited  from  soliciting  from 
such  person  or  corporation.  No  person  shall  be  appointed  or  act  as 
such  agent  or  treasurer  of  said  national  committee  who  is  not  a  citizen 
and  resident  of  the  State  of  Indiana,  and  it  shall  be  lawful  for  the 
treasurer  of  any  political  committee  or  a  political  agent  to  act  as  such 
agent  or  treasurer  of  said  national  committee,  provided  that  funds  re- 
ceived by  said  national  committee  are  separately  kept  and  accounted 
for.  Within  twenty  days  after  the  election  or  primary  election  for  which 
he  is  appointed,  every  such  agent  or  treasurer  of  said  national  committee 
collecting  or  receiving  funds  within  this  state,  shall  file  a  full,  true 
and  detailed  account,  which  shall  be  subscribed  and  sworn  to  by  him 
before  some  officer  authorized  to  administer  oaths,  in  the  office  of  the 
secretary  of  state  of  the  State  of  Indiana,  which  statement  shall  include 
a  detailed  list  of  all  sums  of  money  received  or  promised  to  such  agent 
or  treasurer  the  name  of  the  person  from  whom  received  or  by  whom 
promised  and  the  amount  and  date  of  each  such  promise  or  contribu- 
tion. Such  agent  or  treasurer  of  said  national  committee  shall  not 
expend  any  money  for  political  purposes  within  this  state,  except  the 
actual  expenses  of  collecting  said  money,  but  if  any  of  the  money  so 


220 

collected  is  disbursed  within  this  state  for  political  purposes,  it  shall 
be  disbursed  through  the  treasurer  of  a  state,  district,  county  or  city 
central  committee,  who  has  been  appointed  and  filed  a  bond  as  required 
by  this  act;  and  all  sums  so  disbursed  shall  be  accounted  for  in  the 
account  and  statement  required  to  be  filed  by  section  seven  (7)  of  this 
act  Any  person  violating  or  failing  to  comply  with  any  of  the  pro- 
visions of  this  section  shall  be  guilty  of  a  misdemeanor  and,  upon  con- 
viction thereof,  shall  be  fined  not  less  than  three  hundred  dollars,  nor 
more  than  one  thousand,  or  imprisoned  in  the  county  jail  for  not  more 
than  one  year,  or  both  fined  and  imprisoned  in  the  discretion  of  the 
court  or  jury  trying  said  cause.  (As  amended.  Acts  1913,  p.  489.  R.  S. 
1914,  Sec.  7111d.) 

287.     Payment  of  Election  Expenses. 

5.  No  person  other  than  a  treasurer  or  political  agent  shall  pay  any 
of  the  expenses  of  any  election,  caucus  or  primary  election,  except  that 
a  candidate  may  pay  his  own  expenses  for  postage,  telegrams,  tele- 
phoning, stationery,  letters,  circular  letters,  printing,  expressage  and 
traveling;  but  the  provisions  of  this  section  shall  not  apply  to  non- 
partisan election  and  anti-election  expenses  paid  out  of  the  public  moneys 
of  the  state,  or  of  any  town,  city,  county  or  other  municipality.  The  pay- 
ments, expenditures,  promises  and  liabilities,  which  any  candidate  for 
nomination  or  election,  or  both  may  make  or  incur  directly  or  indirectly 
under  this  or  the  preceding  section,  shall  not  exceed  in  the  whole  twenty- 
five  dollars  for  each  thousand  (or  the  major  portion  thereof)  up  to  fifty 
thousand,  ten  dollars  for  each  thousand  (or  the  major  portion  thereof) 
in  excess  of  fifty  thousand  and  up  to  one  hundred  thousand,  and  five 
dollars  for  each  thousand  (or  the  major  portion  thereof)  in  excess  of 
one  hundred  thousand  of  the  voters  qualified  to  vote  for  the  office  in 
question  at  the  next  preceding  election  therefor,  except  that  such  candi- 
date may  expend  twenty-five  dollars  for  said  purposes,  all  to  be  paid, 
handled  and  disbursed  by  a  treasurer  or  political  agent  and  not  other- 
wise; and  any  payment,  contribution,  expenditure  of,  or  promise  or 
liability  to  pay,  contribute  or  expend  any  money,  or  valuable  thing  in 
excess  of  said  sum  shall  be  unlawful:  Provided,  however,  That  a  candi- 
date may  pay  personally,  in  addition  to  said  sum  or  valuable  thing  or 
things  amounting  thereto,  his  own  expenses  for  postage,  letters,  circular 
letters,  telegrams,  telephoning,  stationery,  printing,  advertising,  pub- 
lishing, expressage,  traveling  and  board  and  the  cost  of  any  primary 
convention  or  mass  convention,  not  held  pursuant  to  the  law  of  this 
state,  which  may  be  assessed  against  such  candidate  by  the  political 
committee  imder  whose  direction  such  primary,  convention  or  mass  con- 
vention is  held:  and.  Provided  further,  That  nothing  in  this  act  shall 
be  taken  or  construed  to  prohibit  the  chairman  of  the  state  central 
committee  of  the  state,  or  the  chairman  of  any  county,  city  or 
town  central  committee  of  any  political  party  from  soliciting  contribu- 
tions for  campaign  purposes,  which  contributions,  however,  shall  all  be 
expended  in  accordance  with  and  subject  to  the  provisions  and  restric- 
tions of  this  act:  and.  Provided  further,  That  such  contributions  shall 


221 


iRiot  be  solicited  from  any  candidate  for  office,  in  the  State  of  Indiana 
or  any  private  corporation.  (As  amended,  Acts  1913,  p.  489.  R.  S. 
1914,  Sec.  Vllle.) 

288.     Legitimate  Expenses — Penalty. 

"6.  It  shall  be  lawful  for  any  treasurer  or  political  agent  in  connec- 
tion with  any  election  or  primary  election  and  in  making  provisions 
therefor  to  pay  the  following  expenses: 

(a)  The  necessary  cost  of  hiring  halls  and  music  for  conventions, 
public  meetings  and  public  primaries  and  for  advertising  the  same,  and 
decorating  said  halls; 

(b)  Of  printing  and  circulating  political  articles,  circulars,  circular 
letters,  plate  and  electrotype  matter,  candidates'  cards,  pamphlets  and 
books,  including  the  payment  of  subscriptions  to  newspapers  or  period- 
icals containing  political  articles  to  be  circulated  among  voters; 

(c)  Of  printing  and  distributing  sample  or  specimen  ballots  and 
instructions  to  voters; 

(d)  Of  renting  rooms  and  headquarters  to  be  used  by  political 
committees,  agents,  treasurers  or  sub-treasurers  and  of  paying  for  all 
clerical  assistance  and  labor  employed  therein; 

(e)  Of  compensating  clerks,  stenographers,  typewriters,  and  other 
assistants  employed  in  the  committee,  rooms,  or  on  the  business  of  the 
committee  outside  of  said  committee  rooms,  and  also  of  challengers, 
watchers  and  messengers  employed  in  the  registration  rooms,  in  the 
\  oting  rooms  and  at  the  polls,  and  the  cost  and  expenses  of  any  primary 
convention  or  mass  convention  not  held  pursuant  to  the  laws  of  the 
State  of  Indiana. 

(f )  The  traveling  and  other  legitimate  expenses  of  political  agents, 
committees  and  public  speakers,  including  reasonable  compensation  for 
the  chairman  and  secretary  of  the  state,  district,  county,  or  city  central 
committees,  but  no  compensation  shall  be  paid  to  public  speakers,  political 
agents,  treasurers,  sub-treasurers  or  members  of  a  political  committee 
other  than  the  chairman  and  secretary  for  their  services;  providing  that 
the  costs  of  treasurers'  bonds  may  be  paid. 

(g)  Of  making  poll  books,  copies  of  registration  lists  and  compiling 
information  or  data  with  respect  to  the  qualifications  of  voters,  or  their 
political  affiliations,  or  any  other  information  of  a  political  character. 

(h)  Of  necessary  postage,  telegrams,  telephoning,  printing  ex- 
penses and  conveyance  charge  for  carrying  sick  and  infirm  persons  to 
and  from  the  polls  or  to  and  from  the  places  of  registration; 

(1)  The  necessary  cost  of  equipping,  furnishing  and  maintaining 
committee  rooms  and  headquarters  and  places  of  meeting  for  political 
committees,  agents  and  treasurers,  both  during  and  after  political  cam- 
paigns, if  it  shall  be  desired  to  maintain  permanent  headquarters. 

(j)  The  cost  and  expenses  of  messengers  sent  by  the  direction  of 
the  chairman  of  any  state,  district,  county,  township  or  city  committee 
of  any  political  party  in  connection  with  party  matters  or  interest,  and 
also  the  cost  and  expenses  of  any  person  or  persons  summoned  by  or 
at  the  instance  of  the  chairman  of  the  state  central  committee,  or  of 


2-22 

the  county  central  committee,  or  of  the  district  committee,  or  of  the 
township  committee,  or  of  the  city  central  committee  of  any  political 
party  to  the  committee  headquarters  or  offices  in  connection  with  party 
matters  or  interests,  and  also  for  the  accommodation  and  entertainment 
of  all  such  persons; 

(k)  All  expenses  incurred  by  or  under  the  authority  of  the  chair- 
man of  the  state,  district,  county,  township  or  city  central  committee  of 
any  political  party  in  providing  accommodation  or  entertainment  for 
members  of  said  respective  committees  or  for  the  transportation  of 
such  members,  when  assembling  for  any  meeting  of  said  respective  com- 
mittees or  visiting  the  headquarters  of  said  respective  committees  in 
connection  with  party  matters  or  interest. 

(1)  The  cost  and  expenses  of  political  parades,  meetings  and  demon- 
strations, including  the  equipment  and  compensation  of  a  political  band 
or  drum  corps,  but  not  including  the  cost  or  expense  of  any  meat,  drink 
or  entertainment  of  any  person  except  as  hereinbefore  specified. 

(m)  The  cost  of  political  buttons,  lithographs,  banners  and  other 
political  advertising  matter. 

No  treasurer  or  political  agent  shall  incur  any  expense  or  liability 
or  make  any  payment  for  any  purpose  not  authorized  by  this  section, 
and  every  liability  incurred  or  payment  made  shall  be  made  at  a  rate 
which  is  reasonably  and  fairly  commensurate  with  the  service  rendered. 
It  shall  not  be  lawful  for  any  political  committee,  treasurer  or  political 
agent  to  expend  any  money  for  the  printing  or  publication  of  any  political 
matter  whatsoever,  which  shall  not  purport  on  its  face  to  be  printed  or 
published  by  the  authority  of  said  treasurer  or  political  agent,  and  which, 
if  published  in  any  newspaper  or  other  periodical,  shall  not  be  marked 
as  an  advertisement:  Provided,  however.  That  when  newspaper  or 
periodicals  containing  articles  are  subscribed  and  paid  for  by  such  treas- 
urer or  political  agent  and  sent  to  voters,  it  shall  not  be  necessary  to 
mark  the  same  or  any  part  thereof  as  an  advertisement  or  to  stamp  or 
place  on  such  newspaper  a  statement  that  they  are  published  or  circu- 
lated by  the  authority  of  said  treasurer  or  political  agent,  if  the  only 
payment  made  to  said  newspaper  or  newspapers  if  for  the  papers 
actually  delivered  and  at  not  more  than  the  usual  rate  of  subscription. 
Nothing  in  this  act  shall  be  construed  to  prevent  any  newspaper  from 
publishing  any  political  information  as  news  although  such  information 
is  furnished  by  a  political  committee  or  some  officer  thereof  either  in 
manuscript  form  or  in  plates  or  electrotypes,  and  in  such  case  it  shall 
not  be  necessary  to  mark  such  publication  as  an  advertisement,  provided, 
such  newspaper  or  the  owner  thereof  receives  no  compensation  or  reward, 
directly  or  indirectly,  for  such  publication,  and  the  same  is  published  in 
good  faith  as  a  matter  of  news.  Any  person  who  is  entitled  to  contribute 
money  or  things  of  value  to  a  political  committee  for  political  purposes, 
may  contribute  to  such  committee,  books,  circulars  or  pamphlets  con- 
taining political  matter  and  such  committee  may  distribute  the  same  to 
voters  without  placing  a  statement  thereon  that  such  books,  pamphlets 
or  circulars  are  circulated  by  such  committee,  but  this  provision  shall 
not  relieve  the  committee  from  placing  a  statement  on  printed  matter 


223 

which  it  prints  or  publishes  that  the  same  is  circulated  by  its  authority. 
And  every  treasurer,  sub-treasurer  and  political  agent  who  receives  any 
such  book,  pamphlet  or  circular  shall  include  in  the  report  and  state- 
ment required  to  be  filed  by  him  a  list  thereof  with  the  name  and  resi- 
dence of  the  person  or  persons  donating  the  same.  The  treasurer 
appointed  and  acting  for  or  in  connection  with  the  state,  district,  county 
or  city  central  committee  of  any  political  party  shall  not  expend  or 
disburse  any  money  or  other  valuable  things  or  incur  any  liability  what- 
soever except  by  the  authority  and  subject  to  the  direction  of  said  re- 
spective committees  for  or  in  connection  with  which  said  treasurer  may 
be  appointed  or  acting.  Every  person  expending  money  in  violation  of 
this  section  or  in  violation  of  section  4  or  section  5  of  this  act  and 
every  person  violating  or  failing  to  comply  with  any  of  the  provisions 
of  this  section  or  with  any  of  the  provisions  of  section 
4  or  section  5  of  this  act  shall  be  guilty  of  a  misdemeanor, 
and,  upon  conviction  thereof,  shall  be  fined  not  less  than  three  hundred 
nor  more  than  one»  thousand  dollars  or  imprisonment  for  not  more  than 
one  year  in  the  county  jail,  or  both  fined  and  imprisoned  in  the  dis- 
cretion of  the  court  or  jury  trying  said  cause.  (As  amended,  Acts  1913, 
p.  489.    R.  S.  1914,  Sec.  7111f.) 

289.    Treasurer  or  Agent's  Report — Penalty. 

7.  Within  twenty  days  after  every  election  or  primary  election, 
every  treasurer  and  every  political  agent  shall  file  a  full,  true  and  de- 
tailed account  and  statement,  subscribed  and  sworn  to  by  him,  before 
an  officer  authorized  to  administer  oaths  in  the  office  of  the  clerk  of  the 
circuit  court  of  the  county  in  which  said  treasurer  or  political  agent 
resides,  which  statement  shall  include  the  amount  of  money  or  property 
in  each  case  received  or  promised,  the  name  of  the  person  from  whom 
it  was  received,  or  by  whom  it  was  promised,  the  amount  of  every  ex- 
penditure made  or  promised  or  valuable  thing  given  or  promised,  or 
liability  of  any  sort  incurred,  the  name  of  the  person  to  whom  such 
expenditure,  gift  or  promise  thereof  was  made,  or  to  whom  such  liability 
was  incurred,  and  shall  clearly  state  the  purpose  for  which  such  money 
or  property  was  so  expended,  given  or  promised,  or  for  which  such 
liability  was  incurred,  separating  expenditures,  gifts,  and  liabilities  for 
elections  and  primary  elections.  Such  statement  shall  also  set  forth  in 
detail  all  unpaid  debts  and  obligations,  if  any,  of  such  treasurer  or 
political  agent,  with  the  nature  and  amount  of  each,  for  what  purpose 
incurred  and  to  whom  owing,  and  if  there  are  no  unpaid  debts  or  obliga- 
tions of  such  treasurer  or  political  agent,  such  statement  shall  state 
such  fact.  Every  treasurer  and  every  political  agent  and  every  person 
who  shall  keep  detailed,  full  and  accurate  accounts  in  a  proper  book  or 
books  called  "account  books,"  to  be  provided  and  preserved  by  him,  of 
all  money  or  valuable  things  received  by  or  promised  to,  and  of  all 
expenditures,  disbursements,  and  promises  of  payment  or  disbursement 
of  money  or  valuable  things  made  by  any  political  committee,  or  any  of 
its  officers  or  members,  or  by  any  person  acting  under  its  authority, 
or  on  its  behalf,  or  by  such  treasurer  or  political  agent,  and  setting 


224 

forth  in  such  statement  and  accounts  the  sum  or  valuable  things  so 
received,  or  disbursed,  or  promised,  as  the  case  may  be,  and  the  date 
when,  the  person  from  whom  received  or  promised,  or  to  v\rhom  paid 
or  promised,  as  the  case  may  be,  and  the  object  and  purpose  for  which 
such  sum,  or  valuable  thing,  was  received  or  disbursed,  or  promised,  as 
the  case  may  be.  Every  treasurer  and  every  political  agent,  as  defined 
by  this  act,  who  shall  fail  or  refuse  to  make  out,  verify  and  file  with  ^he 
clerk  of  the  circuit  court  the  statement  required  by  this  section  of  this 
act,  or  who  shall  fail  to  provide,  keep  and  preserve  the  book  or  books 
of  account  and  the  entries  and  statements  therein  as  aforesaid,  or  any 
of  them,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  not  less  than  three  hundred  dollars  nor  more  than  one  thou- 
sand dollars,  to  which  imprisonment  in  the  county  jail  may  be  added 
not  to  exceed  one  year.     (R.  S.  1914,  Sec.  7111g.) 

290.     Candidates*  Statements — Exceptions. 

8.  Every  candidate  for  public  office  including  "candidates  for  the 
office  of  senator  of  the  United  States,  within  thirty  days  after  the  elec- 
tion or  primary  election  held  to  nominate  for  or  fill  such  office  or  place, 
shall  make  out  and  file  with  the  clerk  of  the  circuit  court  for  the  county 
in  which  such  candidate  resides,  a  full,  true  and  itemized  statement  in 
writing,  which  statement  shall  be  subscribed  and  sworn  to  by  such  candi- 
date before  an  officer  authorized  to  administer  oaths,  setting  forth  in 
detail  all  moneys  or  other  valuable  things  contributed,  expended  oi- 
promised  by  him  to  aid  or  promote  his  candidacy,  or  in  any  way  in  con- 
nection with  his  nomination  or  election,  or  both,  as  the  case  may  be, 
or  for  other  political  purposes  in  connection  with  the  election  of  any 
other  person  at  said  election  and  all  existing  unfilled  promises  or  lia- 
bilities in  that  connection  remaining  uncancelled  and  in  force  at  the 
time  such  statement  is  made,  whether  such  expenditure,  promises,  or 
liabilities  were  made  or  incurred  before,  during  or  after  such  election 
and  showing  the  dates  when,  the  person  to  whom,  and  the  purpose  for 
which  each  and  all  of  said  sums  or  valuable  things  were  paid,  expended 
or  promised  or  said  liabilities  incurred.  Such  statement  shall  also  set 
forth  that  the  same  is  full,  true  and  correct.  No  person  shall  be  deemed 
elected  to  any  elective  office,  under  the  laws  of  this  state,  or  enter 
upon  the  duties  thereof,  or  receive  any  salary  or  emoluments  there- 
from, until  he  shall  have  filed  the  statement  provided  for  in  this  section 
of  this  act;  and  no  officer  authorized  by  the  laws  of  this  state  to  issue 
commissions  or  certificates  of  election  shall  issue  a  commission  or  cer- 
tificate of  election  to  any  person  claiming  to  be  elected  to  any  office, 
until  such  statement  as  aforesaid  shall  have  been  so  made,  verified  and 
filed  by  such  person  with  such  clerk.  Upon  the  filing  of  such  statement, 
the  clerk  shall  issue  to  the  candidate  a  certificate  showing  the  filing  of 
such  statement,  and  the  date  of  such  filing,  which  certificate  shall  be 
presented  by  the  candidate  to  the  officer  authorized  by  law  to  issue  his 
commission  and  such  certificate  shall  be  the  only  evidence  of  the  filing 
of  such  statement,  which  may  be  required  by  the  officer  authorized  to 
issue  such  commission.    Any  person  violating  or  failing  to  comply  with 


225 

any  of  the  provisions  of  this  section  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  fined  not  less  than  three  hundred 
dollars  nor  more  than  two  thousand  dollars,  or  imprisoned  for  not  more 
than  one  year;  or  both  fined  and  imprisoned  in  the  discretion  of  the 
court  or  jury  trying  said  cause.  Ten  days  after  the  period  above 
fixed  for  the  filing  of  said  original  statement  shall  have  expired,  the 
officer  with  whom  the  same  is,  by  this  section  required  to  be  filed,  shall 
notify  the  proper  prosecuting  officer  of  any  failure  to  file  such  state- 
ment on  the  part  of  any  candidate,  and  within  fifteen  days  thereafter 
such  prosecuting  officer  shall  proceed  to  prosecute  for  such  offense:  Pro- 
vided, That  the  provisions  and  requirements  of  this  section  shall  not 
apply  to  candidates  for  county  council,  township  advisory  board,  road 
supervisor,  constable  or  candidates  for  any  other  officer  the  emoluments 
of  which  are  less  than  one  hundred  dollars  per  year.  (As  amended,  Acts 
1915,  p.  36.    R.  S.  1921,  Sec.  7111h.) 

291. — False  Statement — Perjury. 

9.  Any  wilfully  false  statement  of  entry  made  by  any  candidate 
for  any  office,  treasurer,  political  agent  or  any  person  acting  as  treasurer 
or  political  agent,  or  by  any  member  or  officer  of  any  political  committee, 
in  any  statement  or  account  under  oath  required  by  this  act,  shall  con- 
stitute the  crime  of  perjury,  and  be  punished  as  such  according  to  the 
laws  of  this  state.     (R.  S.  1914,  Sec.  71111.) 

292.  Statements  Become  Public  Records. 

10.  Every  officer  with  whom  a  statement  of  accounts  or  duplicates 
thereof  are  required  by  any  section  of  this  act,  to  be  filed,  shall  receive 
and  file  and  preserve  such  statement  or  accounts  or  duplicate  thereof, 
in  his  office  and  shall  keep  the  same  as  part  of  the  records  thereof  for 
at  least  three  years  after  they  are  filed.  And  all  such  statements  and 
accounts  shall,  during  the  hours  for  which  the  office  in  which  they  may 
be  filed  is  open,  be  subject  and  open  to  inspection  of  any  citizen  of  this 
state,  and  copies  of  such  statement  or  accounts,  certified  by  the  officer 
in  whose  office  they  may  be  so  kept,  under  the  seal  of  his  office,  shall 
be  evidence  in  all  the  courts  to  the  same  extent  as  the  original  thereof 
would  be  if  produced  and  proved.    (R.  S.  1914,  Sec.  7111J.) 

293.  Corrupt  Practices — Guilt  Defined — Penalty. 

11.  The  following  persons  shall  be  guilty  of  corrupt  practices  and 
shall  be  punished  in  accordance  with  the  provisions  of  this  act:  Every 
person  who  shall,  directly  or  indirectly,  by  himself  or  another,  give, 
or  offer  or  promise  to  any  person  any  money,  gift,  advantage,  prefer- 
ment, entertainment,  aid,  emoluments,  or  any  valuable  thing  whatever, 
for  the  purpose  of  inducing  or  procuring  any  person  to  vote,  or  refrain 
from  voting,  for  or  against  any  person,  or  for  or  against  any  measure 
or  proposition  at  any  election  or  primary  election  or  political  conven- 
tion or  session  of  the  general  assembly  of  the  State  of  Indiana,  in  either 
house  thereof.  Every  person  who  shall,  directly  or  indirectly  receive, 
accept,  request  or  solicit  from  any  person,  candidate,  committee,  associa- 
tion, organization,  or  corporation,  any  money,  gift,  advantage,  prefer- 

15—22129 


226 

ment,  aid,  emolument,  or  any  valuable  thing  whatsoever,  for  the  purpose 
of  inducing  or  procuring  any  person  to  vote,  or  refrain  from  voting,  for 
or  against  any  person,  or  for  or  against  any  measure  or  proposition  at 
any  election  or  primary  election  or  political  convention.  Every  person 
who,  in  consideration  of  any  money,  gift,  advantage,  preferment,  aid, 
emolument,  or  any  valuable  thing  whatsoever,  paid,  received,  accepted, 
or  promised  to  the  advantage  of  himself  or  any  other  person,  shall  vote, 
or  refrain  from  voting,  for  or  against  any  person,  or  for  or  against  any 
measure  at  any  such  election,  caucus  or  primary  election  or  political 
convention.  Every  person  who  shall,  directly  or  indirectly,  pay,  give, 
contribute  or  promise  any  money  or  other  valuable  thing,  to  defray  or 
towards  defraying  the  costs  or  expenses  of  any  campaign  or  election, 
to  any  persons,  committee,  company,  club,  organization  or  association, 
other  than  a  treasurer  or  political  agent;  but  this  sub-section  or  para- 
graph shall  not  apply  to  dues,  regularly  paid  for  membership  in  any 
incorporated  political  club  if  all  money  expended  by  such  club  for  or  in 
connection  with  the  costs  of  expenses  of  any  campaign  or  election  shall 
be  paid  out  by  it  only  through  a  treasurer  or  political  agent  as  provided 
in  this  act,  or  to  any  expenses  for  postage,  telegrams,  telephoning,  sta- 
tionery, printing,  expressage  or  traveling,  and  board  incurred  by  any 
candidate  for  office  or  for  nomination  thereto,  so  far  as  they  are  per- 
mitted by  this  act.  Every  person  who  shall,  directly  or  indirectly,  by 
himself  or  through  another  person,  make  a  payment,  or  promise  of  pay- 
mefnt,  to  a  treasurer  or  political  agent  in  any  other  name  than  his  own, 
and  every  treasurer  or  political  agent  who  shall,  knowingly,  receive,  a 
payment  or  promise  of  payment,  and  enter  the  same  or  cause  the  same 
to  be  entered  in  his  accounts  in  any  other  name  than  that  of  the  person 
by  whom  such  payment  or  promise  of  payment  is  made.  Every  person 
who  being  an  employer  pays  his  employes  the  salary  or  wages  due  in 
"pay  envelopes"  upon  which  there  is  printed  or  in  which  there  is  en- 
closed any  political  motto,  device  or  argument  containing  threats,  express, 
or  implied,  intended  or  calculated  to  influence  the  political  opinions  or 
actions  of  such  employes,  or  within  ninty  [ninety]  days  of  an  election 
or  primary  election  puts,  or  otherwise  exhibits  in  the  establishment  or 
place  where  his  employes  are  engaged  in  labor,  any  handbill  or  placard 
containing  any  threat,  notice  or  information  that  if  any  particular  ticket 
or  candidate  is  elected  or  defeated,  work  in  his  place,  or  establishment 
be  closed  up,  or  the  wages  of  his  employes  reduced,  or  other  threats, 
express  or  implied,  intended  or  calculated  to  inflame  the  political  opinions 
or  actions  of  his  employes.  Every  person  who,  before,  during  or  after 
an  election  or  primary  election  by  himself,  or  by  any  other  person,  either 
directly  or  indirectly,  gives  or  provides,  or  pays  wholly  or  in  part,  the 
expenses  of  giving  or  providing  any  meat,  drink,  entertainment  or  pro- 
visions to  or  for  any  person  for  the  purpose  of  influencing  that  person, 
or  any  other  person,  to  give  or  refrain  from  giving  his  vote  at  the  elec- 
tion or  primary  election  or  to  influence  his  vote  in  any  other  way  therein, 
or  on  account  of  his  having  voted,  or  refrained  from  voting,  or  being 
about  to  vote  or  refrain  from  voting;  and  every  elector  who  accepts  the 
same,  or  any  of  the  same,  for  any  of  the  purposes  aforesaid.    Every  per- 


227 

son  who,  at  any  election  held  pursuant  to  the  laws  of  this  state,  applies 
for  a  ballot  paper  in  any  election  room  or  polling  place  in  the  name  of 
any  other  person  than  himself  whether  that  name  be  that  of  a  person 
living  or  dead  or  of  a  fictitious  person,  or  who,  having  voted  once  at  any 
election,  applies  for  a  ballot  paper  at  the  same  election  in  his  own  name, 
or  any  other  name,  or  who  aids,  abets,  counsels,  or  procures  the  com- 
mission of  any  such  act  or  acts.  Every  person  who  shall  falsely  com- 
pose, dictate,  print,  write,  or  transmit  by  any  means  whatever  to  any 
publisher  of  any  newspaper,  book  or  serial,  any  matter,  the  publicatio 
of  which  in  such  newspaper,  book  or  serial,  would  expose  any  person  to 
hatred,  contempt,  ridicule  or  obloquy,  or  which  would  cause  or  tend  to 
cause  any  person  to  be  shunned  or  avoided,  or  which  would  have  a 
tendency  to  injure  any  person  in  his  business,  for  the  purpose  of  intimi- 
dating, influencing,  inducing  or  procuring  any  person  to  vote  or  refrain 
from  voting,  for  or  against  any  person  or  for  or  against  any  measure  or 
proposition  at  any  election  or  primary  election,  or  political  convention  or 
session  of  the  general  assembly  of  the  State  of  Indiana,  or  either  house 
thereof.  Every  proprietor  or  editor  of  a  book,  newspaper  or  serial,  and 
every  partner  or  member  of  a  partnership,  or  manager  of  any  incor- 
porated association  by  which  a  book,  newspaper,  or  serial  is  issued  or 
published,  or  circulated,  who  shall  falsely  publish,  or  cause  to  be  pub- 
lished any  writing,  typewriting,  printing,  picture,  effigy,  symbol,  sign, 
cartoon,  or  which  exposes  any  person  to  hatred,  contempt,  ridicule  or 
obloquy,  or  which  causes  or  tends  to  cause  any  person  to  be  shunned 
or  avoided,  or  which  has  a  tendency  to  injure  any  person  or  company  in 
his  or  its  business,  for  the  purpose  of  intimidating,  influencing  or  in- 
ducing, or  procuring  any  person  to  vote  or  refrain  from  voting  for  or 
against  any  person,  or  for  or  against  any  measure  or  proposition  at  any 
election,  or  primary  election,  or  political  convention  or  session  of  the 
general  assembly  of  the  State  of  Indiana,  or  either  house  thereof.  Every 
person  who  shall  be  guilty  of  any  corrupt  practice  as  aforesaid,  shall  be 
fined  not  less  than  $300.00  nor  more  than  $1,000.00  or  be  imprisoned 
for  not  more  than  one  year,  or  both,  and  shall  be  ineligible  to  any 
public  office,  or  public  employment,  for  the  period  of  four  years  from 
and  after  the  time  of  the  commission  of  such  offense.  (As  amended. 
Acts  1913,  p.  389.    R.  S.  1914,  Sec.  7111k.) 

294.     Contributions  by  Corporations  Unlawful — Penalty. 

12.  It  shall  be  unlawful  and  shall  be  deemed  a  corrupt  practice 
for  any  corporation  incorporated  under  the  laws  of  the  State  of  Indiana, 
or  of  any  state  or  territory  of  the  United  States,  of  the  District  of 
Columbia,  or  of  the  United  States,  or  of  any  other  country,  directly 
or  indirectly,  by  itself,  or  through  any  officer,  agent  or  employe,  repre- 
sentative or  other  person  whatsoever,  to  give,  contribute,  furnish,  lend 
or  promise  any  money,  property,  transportation,  means  or  aid  to  any 
political  party,  or  any  candidate  for  public  office  or  for  nomination 
thereto,  or  to  any  public  organization,  or  to  any  political  committee,  or 
to  any  treasurer  or  political  agent,  as  herein  defined,  either  directly  or 
indirectly,  to  aid,  promote   or  influence  the  success  or  defeat  of  any 


228 

political  party  or  principle,  or  any  measure  or  proposition  submitted  to 
a  vote  at  a  public  election  or  primary  election  in  this  state,  or  to  aid, 
promote  or  influence  in  any  manner  the  election  or  defeat  of  a  candi- 
date therein,  or  to  be  used,  applied  or  expended  in  any  way  whatever 
for  political  purposes.  The  president,  the  several  directors  and  every 
other  officer  of  any  corporation  which  shall  violate  any  of  the  provisions 
of  this  section,  and  the  president  or  director,  or  other  officer,  or  agent 
of  any  corporation,  who  shall  personally  violate  any  of  the  provisions 
of  this  section,  shall  be  deemed  guilty  of.  a  misdemeanor  and  shall  be 
punished  by  a  fine  of  not  more  than  five  thousand  dollars  for  each 
offense,  and  in[iprisoned  for  not  more  than  one  year  in  jail.  (R.  S.  1914, 
Sec.  71111.) 

295.     Contest  Complaint — Petition — Proceedings. 

13.  At  any  time  within  thirty  days  after  any  election  or  primary 
election,  held  under  the  laws  of  this  state,  any  defeated  candidate  at 
such  election,  or  any  ten  duly  qualified  voters  at  such  election  may 
present  to  the  circuit  court  of  the  county  in  which  the  defeated  candi- 
date resides  or  to  the  circuit  court  of  any  county  in  the  district  at 
which  he  was  voted  for  by  the  qualified  voters  of  the  district,  a  petition 
setting  forth  under  oath  that  corrupt  practices,  contrary  to  the  pro- 
visions of  any  section  of  this  act,  were  committed  at  or  preliminary 
to  such  election,  within  the  county,  district  or  city  aforesaid,  naming 
the  successful  candidate  or  candidates  as  defendant  or  defendants  and 
praying  that  the^  facts  alleged  may  be  inquired  into.  If  the  court,  upon 
the  affidavit  or  affidavits  filed  with  such  petition,  or  upon  and  'after 
such  preliminary  hearing,  as  it  may  see  fit  to  institute,  including  such 
notice  and  representation  to  the  party  or  parties  named  as  the  defendant 
or  defendants  in  said  petition,  as  the  ends  of  justice  may  require,  shall 
be  satisfied  that  the  purpose  of  this  act  and  the  interests  of  public 
justice  require  further  proceedings  upon  such  petition,  and  against  the 
party  or  parties  named  as  defendant  or  defendants  therein,  it  shall  order 
such  reasonable  notice  of  such  petition  or  of  such  further  proceedings 
to  be  given  the  defendant  or  defendants,  and  require  him  or  them  to 
answer,  show  cause  or  otherwise  defend  as  the  court  may  deem  just 
and  reasonable,  upon  the  petitioners  giving  security  for  costs  in  such 
sum  of  money  as  the  court  shall  deem  reasonable.  Such  petitions  shall 
be  tried  without  a  jury,  unless  any  of  the  parties  thereto  shall  elect  to 
have  the  same  tried  by  a  jury.  The  case  shall,  if  possible,  be  tried  in 
and  during  the  term  in  which  such  petition  may  be  filed,  and  when  a 
jury  trial  is  demanded  by  any  of  the  parties  to  such  petition,  the  jury 
for  said  term  shall  try  it,*and  if  the  jury  for  said  term  shall  have  been 
dismissed,  the  court  shall  recall  said  jury  for  the  purpose  of  trying  said 
case.  If  in  any  case  it  shall  not  be  possible  to  try  such  case  during  the 
term  in  which  such  petition  shall  have  been  filed,  it  shall  be  tried  during 
the  next  succeeding  term  of  the  court.  In  every  case  in  which  a  jury 
trial  shall  be  demanded,  the  judge  shall  frame  and  submit  to  the  jury 
for  its  decision  and  verdict  all  appropriate  and  necessary  issues  of  fact 
presented  by  the  pleadings  in  such  case  or  by  the  scope  of  the  inquiry 
or  inquiries  presented  by  said  case.    The  court  shall  bring  such  cause  to 


229 

hearing,  determination  and  judgment  as  speedily  as  a  just  regard  for 
the  rights  of  the  parties  concerned  may  permit;  and  shall  expeditiously 
inquire  into,  or,  when  a  jury  is  demanded,  cause  the  jury  to  inquire  into 
all  of  the  facts  and  circumstances  and  into  such  violations  or  of  failure 
to  comply  with  the  provisions  of  this  act,  as  may  be  alleged  in  any  such 
petition,  or  into  such  other  facts  and  circumstances  relative  to  any  elec- 
tion or  to  any  contributions,  expenditures  or  liability  made,  or  any  cor- 
rupt practice  committed  in  connection  therewith,  which  at  any  time  the 
court  holding  such  inquest  or  presiding  in  said  cause  shall  deem  neces- 
sary to  secure  compliance  with  the  provisions  of  this  act,  or  to  punish 
for  a  violation  thereof.  All  persons  whom  the  court  shall  deem  proper 
or  necessary  to  join  or  bring  in  as  parties  to  any  such  proceeding  in 
order  to  make  its  order,  judgments  or  writs  effective,  may  be  joined  as 
parties  in  such  manner  and  upon  such  notice  as  the  court  may  direct. 
In  case  such  petition  relates  to  the  election  of  electors  of  president  and 
vice-president  of  the  United  States,  a  representative  in  congress,  or  any 
state  officer  or  a  senator  or  representative  of  the  general  assembly  of- 
the  State  of  Indiana,  or  a  judge  of  the  circuit  court,  superior,  criminal 
j  or  probate  court,  or  a  prosecuting  attorney,  the  trial  judge  shall  have 
j  no  power  to  declare  any  such  election  to  be  void,  but  shall  file  his 
I  finding,  or,  in  a  case  where  a  jury  shall  have  been  demanded,  the  find- 
ing or  verdict  of  such  jury  as  to  whether  or  not  the  successful  candidate, 
or  any  political  committee  or  treasurer,  or  sub-treasurer,  or  political 
agent  acting  for  or  on  behalf  of  such  candidate,  was  so  guilty  of  corrupt 
practices,  with  the  secretary  of  state,  together  with  the  transcript  of  the 
evidence  and  the  secretary  of  state  shall  thereupon  submit  the  same 
to  the  governor  of  Indiana,  when  the  election  is  for  the  president  or 
vice-president  of  the  United  States;  or  when  the  election  is  for  a  rep- 
resentative in  congress,  shall  submit  the  same,  certified  under  the  seal 
of  the  state  to  the  speaker  of  the  house  of  representatives;  or  when  the 
election  is  for  a  member  of  the  state  senate,  shall  submit  the  same  to 
the  president  of  the  senate  of  the  State  of  Indiana;  or  when  the  election 
is  for  any  state  officer  or  a  judge  of  the  circuit  court,  superior,  criminal 
or  probate  court,  or  a  prosecuting  attorney,  or  representative  to  the  house 
of  representatives  of  the  general  assembly  of  Indiana.  In  case  such 
petition  relates  to  any  other  office  than  those  above  referred  to,  the  trial 
judge  shall  file  with  the  governor  his  decision  or  the  finding  or  verdict  of 
the  jury  in  cases  where  there  has  been  a  jury  trial  as  to  whether  or  not 
the  successful  candidate,  or  a  political  committee  or  treasurer  or  political 
agent,  acting  for  or  in  his  behalf,  was  guilty  of  corrupt  practices,  and 
said  trial  judge  shall  also  file  with  the  governor  his  decision,  and  as  to 
whether  or  not,  upon  the  findings  in  such  case,  such  election  was  void  as 
hereinafter  provided.  In  case  the  decision  or  finding  so  to  be  filed  with 
the  governor  shall  be  that  any  successful  candidate  so  petitioned  against, 
was  in  person  or  in  the  person  of  a  treasurer  or  sub-treasurer  or  his 
I  political  agent,  or  through  any  political  committee  acting  for  or  in  his 
I  behalf  so  guilty  of  corrupt  practices,  such  election  shall  be  void,  except 
I  as  hereinafter  provided,  and  in  case  of  such  void  election,  the  governor 
shall,  within  five  days  after  the  receipt  of  such  decision,  issue  his  proc- 
lamation declaring  such  election  void,  and  the  vacancy  in  the  office  to 


J  lit 

t 


230 

have  been  filled  by  said  election  shall  be  filled  in  the  same  manner  as 
would  be  required  by  law  in  case  said  vacancy  harl  arisen  from  the 
death  of  the  successful  candidate  after  his  election.  If  any  candidate 
shall  have  been  so  found  or  decided  to  have  been  so  guilty  in  person  of 
corrupt  practices,  he  shall  be  ineligible  to  election  or  appointment  to 
any  public  office  or  employment  for  a  period  of  four  years  from  the 
date  of  said  election,  but  the  mere  finding  or  decision  that  his  political 
agent  was  so  guilty  shall  not  render  him  ineligible  to  office;  but  where 
the  judgo  shall  decide  or  certify  upon  his  finding  in  any  ci.-e  that  any 
such  successful  candidate  was  guilty  of  corrupt  practices  only  in  the 
person  of  his  agent,  and  that  (a)  no  corrupt  practice  was  committed 
by  the  candidate  personally  and  the  offense  was  committed  contrary  to 
his  order  dnd  without  his  sanction  or  connivance;  (b)  the  offense  was  a 
trivial,  unimportant  and  limited  character;  (c)  in  all  other  respects 
such  election  was  free  from  corrupt  practices  on  the  part  of  such  candi- 
date and  of  his  political  agent,  then  the  election  of  such  candidate  shall 
not  be  void,  nor  shall  the  candidate  be  subject  to  any  ineligibility  there- 
for. An  appeal  to  the  supreme  court  of  the  State  of  Indiana  may  be 
taken  on  questions  of  law  from  any  decision  relative  to  ineligibility  to 
public  office  or  employment  of  any  such  candidate.  (R.  S.  1914,  Sec.  j 
7111m.)  ' 

296.  Costs — Witnesses  and  Documenttj. 

14.  The  courts  in  which  such  petitions  shall  be  filed  shall  have 
authority  to  tax  the  costs  as  in  equity  cases,  and  also  to  subpoena  wit- 
nesses and  require  them  to  testify  as  in  other  civil  cases,  and  to  compel 
by  subpoena  duces  tecum  the  production  for  examination  of  any  books 
or  papers  of  any  kind,  or  if  any  other  thing  which  may  be  required  or 
desirable  in  the  conduct  of  such  inquiry.  In  any  proceeding  held  under 
the  provisions  of  this  or  the  preceding  sections  no  witnesses  shall  be 
excused  from  answering  any  question  or  producing  any  book,  paper  or 
other  thing  on  the  ground  or  claim  that  his  answer  or  the  thing  pro- 
duced, or  to  be  produced  by  him,  may  tend  to  incriminate  or  degrade 
him,  or  render  him  liable  to  a  penalty  but  his  answer,  or  the  thing 
produced  by  him  shall  not  be  used  in  any  proceeding  against  him,  except 
in  a  prosecution  for  perjury  in  so  testifying.     (R.  S.  1914,  Sec.  711  In.) 

297.  Prosecuting  Attorney — Duties. 

15.  It  shall  be  the  duty  of  the  prosecuting  attorney  of  each  county 
of  this  state  to  prosecute,  by  the  regular  course  of  criminal  procedure, 
any  person  whom  he  may  believe  to  be  guilty  of  having  violated  any  of 
the  provisions  of  this  act  within  the  county  or  district  for  which  said 
p. osecuting  attorney  may  be  acting  as  such,  or  any  resident  of  such 
county  who  may  have  violated  any  provisions  of  this  act  in  such  county 
or  in  any  other  part  of  the  state.  And  in  any  criminal  prosecution, 
under  this  act,  or  for  violation  of  any  of  the  provisions  thereof,  no  wit- 
ness, except  the  person  who  is  accused  and  on  trial,  shall  be  excused 
from  answering  any  question  or  producing  any  book,  paper  or  other  thing 
on  the  ground  or  claim  that  his  answer,  or  the  thing  produced  or  to  bp 
produced  by  him,  may  tend  to  incriminate  or  degrade  him,  or  render  him 


231 

liable  to  a  penalty,  but  his  answer  or  the  thing  produced  by  him  shall 
not  be  used  in  any  proceeding  against  him,  except  in  a  prosecution  for 
perjury  in  so  testifying.     (R.  S.  1914,  Sec.  7111o.) 

[Public— No.  274.] 

[H.  R.  2250.] 

An  act  providing  for  publicity  of  contributions  made  for  the  purpose 
of  influencing  elections  at  which  representatives  in  congress  are  elected. 

298.  Federal  Act  Defining  Political  Committee. 

Be  it  enacted  by  the  senate  and  house  of  representatives  of  the 
United  States  of  America  in  congress  assembled.  That  the  term  "political 
committee"  under  the  provisions  of  this  act  shall  include  the  national  com- 
mittees of  all  political  parties  and  the  national  congressional  campaign 
committees  of  all  political  parties  and  all  committees,  associations,  or 
organizations  which  shall  in  two  or  more  states  influence  the  result  or 
attempt  to  influence  the  result  of  an  election  at  which  representatives  in 
congress  are  to  be  elected.  (36  Stat.  L.  822,  Federal  Statutes  Anno- 
tated Supplement  1912,  p.  69.) 

299.  Chairman  and  Treasurer— Duty  of  Treasurer. 

2.  That  every  political  committee  as  defined  in  this  act  shall  have 
a  chairman  and  a  treasurer.  It  shall  be  the  duty  of  the  treasurer  to  keep 
a  detailed  and  exact  account  of  all  money  or  its  equivalent  received  by 
or  promised  to  such  committee  or  any  member  thereof,  or  by  or  to  any 
person  acting  under  its  authority  or  in  its  behalf,  and  the  name  of  every 
person,  firm,  assoxjiation,  or  committee  from  whom  received,  and  of  all 
expenditures,  disbursements,  and  promises  of  payment  or  disbursements 
made  by  the  committee  or  any  member  thereof,  or  by  any  person  acting 
under  its  authority  or  in  its  behalf,  and  to  whom  paid,  distributed,  or 
disbursed.  No  officer  or  member  of  such  committee,  or  other  person  act- 
ing under  its  authority  or  in  its  behalf  shall  receive  any  money  or  its 
equivalent,  or  expend  or  promise  to  expend  any  money  on  behalf  of 
such  committee,  until  after  a  chairman  and  treasurer  of  such  committee, 
shall  have  been  chosen.  (36  Stat.  L.  823,  Federal  Statutes  Annotated 
Supp.  1912,  p.  69.) 

300.  Disbursements  in  Excess  of  $10.00 — Requirements. 

3.  That  every  payment  or  disbursement  made  by  a  political  com- 
mittee exceeding  ten  dollars  in  amount  be  evidenced  by  a  receipted  bill 
stating  the  particulars  of  expense,  and  every  such  record,  voucher,  re- 
ceipt, or  account  shall  be  preserved  for  fifteen  months  after  the  election 

i  to  which  it  relates.     (86  Stat.  L.  823,  Fed.  Stat.  Annotated  Supplement 
i  1912,  p.  70.) 

I  301.     Accounts  of  Contributions. 

4.  That  whoever,  acting  under  the  authority  or  in  behalf  cf  such 
i  polit'cal  committee,  whether  as  a  member  thereof  or  otlierwise,  receives 
i  r.ny  contribution,  payment,  loan,  gift,  advance,  deposit,  or  promise  of 

ir.cney  or  its  equivalent,  shall  on  demand,  and  in  any  (  vent  within  five 


232 

days  after  the  receipt  of  such  contribution,  payment,  loan,  gift,  advance 
deposit  or  promise,  render  to  the  treasurer  of  such  political  committee 
a  detailed  account  of  the  same,  together  with  the  name  and  address  from 
whom  received,  and  said  treasurer  shall  forthwith  enter  the  same  in 
a  ledger  or  record  to  be  kept  by  him  for  that  purpose.  (36  Stat.  L.  823, 
Fed.  Stat.  Anno.  Supp.  1912,  p.  70.) 

302.  Publicity  of  Campaign  Contributions. 

"5.  That  the  treasurer  of  every  such  political  committee  shall,  not 
more  than  fifteen  days  and  not  less  than  ten  days  next  before  an  elec- 
tion at  which  representatives  in  congress  are  to  be  elected  in  two  or 
more  states,  file  in  the  office  of  the  clerk  of  the  house  of  representatives 
at  Washington,  District  of  Columbia,  with  said  clerk,  an  itemized  de- 
tailed statement;  and  on  each  sixth  day  thereafter  until  such  election 
said  treasurer  shall  file  with  said  clerk  a  supplemental  itemized  detailed 
statement.  Each  of  said  statements  shall  conform  to  the  requirements 
of  the  following  section  of  this  act,  except  that  the  supplemental  state- 
ment herein  required  need  not  contain  any  item  of  which  publicity  is 
given  in  a  previous  statement.  Each  of  said  statements  shall  be  full 
and  complete,  and  shall  be  signed  and  sworn  to  by  said  treasurer. 

"It  shall  also  be  the  duty  of  said  treasurer  to  file  a  similar  state- 
ment with  said  clerk  within  thirty  days  after  such  election,  such  final 
statement  also  to  be  signed  and  sworn  to  by  said  treasurer  and  to  con- 
form to  the  requirements  of  the  following  section  of  this  act.  The  state- 
ments so  filed  with  the  clerk  of  the  house  shall  be  preserved  by  him 
for  fifteen  months  and  shall  be  a  part  of  the  public  records  of  his  office 
and  shall  be  open  to  public  inspection.  (As  amended  August  19,  1911. 
37  Stat.  L.  25,  Fed.  Stat.  Anno.  Supp.  1912,  p.  71.) 

303.  What  Public  Statements  Must  Show. 

"6.  That  the  statement  required  by  the  preceding  section  of  this 
act  shall  state: 

"First.  The  name  and  address  of  each  person,  firm,  association,  or 
committee  who  or  which  has  contributed,  promised,  loaned,  or  advanced 
to  such  political  committee,  or  any  officer,  member,  or  agent  thereof 
either  in  one  or  more  items,  money  or  its  equivalent  of  the  aggregate 
amount  or  value  of  one  hundred  dollars  or  more,  and  the  amount  or  sum 
contributed,  promised,  loaned,  or  advanced  by  each. 

"Second.  The  aggregate  sum  contributed,  promised,  loaned,  or  ad- 
vanced to  such  political  committee,  or  to  any  officer,  member,  or  agent 
thereof,  in  amounts  of  less  than  one  hundred  dollars. 

"Third.  The  total  sum  of  all  contributions,  promises,  loans,  and  ad- 
vances received  by  such  political  committee  or  any  officer,  member,  or 
agent  thereof. 

"Fourth.  The  name  and  address  of  each  person,  firm,  association, 
or  committee  to  whom  such  political  committee,  or  any  officer,  member  or 
agent  thereof,  has  distributed,  contributed,  loaned,  advanced,  or  prom- 
ised any  sum  of  money  or  its  equivalent  of  the  amount  or  value  of  ten 
dollars  or  more,  stating  the  amount  or  sum  distributed,  disbursed,  con- 
tributed, loaned,  advanced,  or  promised  to  each,  and  the  purpose  thereof. 


233 


"Fifth.  The  aggregate  sum  distributed,  disbursed,  contributed, 
'  loaned,  advanced,  or  promised  by  such  political  committee,  or  any  officer, 
member,  or  agent  thereof,  where  the  amount  or  value  of  such  distribu- 
tion, disbursement,  loan,  advance,  or  promise  to  any  one  person,  firm, 
association,  or  committee  in  one  or  more  items  is  less  than  ten  dollars. 

"Sixth.  The  total  sum  disbursed,  contributed,  loaned,  advanced,  or 
promised  by  such  political  committee,  or  any  officer,  member,  or  agent 
thereof."  (As  amended  August  19,  1911.  37  Stat.  L.  25,  Fed.  Stat. 
Anno.  Supp.  1912,  p.  71.) 

304.  Persons   Expending    Over    $50.00   to   Influence    the    Election    of   a 

Congressman  Must  File  Statements. 

m  7.  That  every  person,  firm,  association,  or  committee,  except  politi- 
cal committees  as  hereinbefore  defined,  that  shall  expend  or  promise  any 
sum  of  money  or  other  thing  of  value  amounting  to  fifty  dollars  or  more 
for  the  purpose  of  influencing  or  controlling,  in  two  or  more  states,  the 
result  of  an  election  at  which  representatives  to  the  congress  of  the 
United  States  are  elected,  unless  he  or  it  shall  contribute  the  same  to 
a  political  committee  as  hereinbefore  defined,  shall  file  the  statements 
of  the  same  under  oath,  as  required  by  section  6  of  this  act,  in  the  office 
of  the  clerk  of  the  house  of  representatives,  at  Washington,  District  of 
Columbia,  which  statements  shall  be  held  by  said  clerk  in  all  respects  as 
required  by  section  five  of  this  act.  (36  Stat.  L.  823,  Fed.  Stat.  Anno. 
Supp.  1912,  p.  71.) 

305.  "Candidate"  Defined — Duties  of  Candidates  for  Congress. 

8.  The  word  "candidate"  as  used  in  this  section  shall  include  all 
persons  whose  names  are  presented  for  nomination  for  representative 
or  senator  in  the  congress  of  the  United  States  at  any  primary  election 
or  nominating  convention,  or  for  indorsement  or  election  at  any  general 
or  special  election  held  in  connection  with  the  nomination  or  election  of 
a  person  to  fill  such  office,  whether  or  not  such  persons  are  actually 
nominated,  indorsed,  or  elected. 

"Every  person  who  shall  be  a  candidate  for  nomination  at  any  pri- 
mary election  or  nominating  convention,  or  for  election  at  any  general 
or  special  election,  as  representative  in  the  congress  of  the  United  States, 
shall,  not  less  than  ten  nor  more  than  fifteen  days  before  the  day  for 
holding  such  primary  election  or  nominating  convention,  and  not  less 
than  ten  nor  more  than  fifteen  days  before  the  day  of  the  general  or 
special  election  at  which  candidates  for  representatives  are  to  be  elected, 
file  with  the  clerk  of  the  house  of  representatives  at  Washington,  District 
of  Columbia,  a  full,  correct,  and  itemized  statement  of  all  moneys  and 
I  things  of  value  received  by  him  or  by  anyone  for  him  with  his  knowledge 
I  and  consent,  from  any  source,  in  aid  or  support  of  his  candidacy,  to- 
j  gether  with  the  names  of  all  those  who  have  furnished  the  same  in 
whole  or  in  pait;  and  such  statement  shall  contain  a  true  and  itemized 
account  of  all  moneys  and  things  of  value  given,  contributed,  expended, 
'  used,  or  promised  by  such  candidate,  or  by  his  agent,  representative,  or 
other  person  for   and  in  his   behalf  with  his  knowledge   and  consent, 
together  with  the  names  of  all  those  to  whom  any-  and  all  such  gifts. 


234 

contributions,  payments,   or  promises  were  made,  for  the  purpose   of 
procuring  his  nomination  or  election. 

"Every  person  who  shall  be  a  candidate  for  nomination  at  any  pri- 
mary election  or  nominating  convention,  or  for  indorsement  at  any  gen- 
eral or  special  election,  or  election  by  the  legislature  of  any  state,  as  sen- 
ator in  the  congress  of  the  United  States,  shall,  not  less  than  ten  nor 
more  than  fifteen  days  before  the  day  for  holding  such  primary  election 
or  nominating  convention,  and  not  less  than  ten  nor  more  than  fifteen 
days  before  the  day  of  the  general  or  special  election  at  which  he  is 
seeking  indorsement,  and  not  less  than  five  nor  more  than  ten  days  before 
the  day  upon  which  the  first  vote  is  to  be  taken  in  the  two  houses  of 
the  legislature  before  which  he  is  a  candidate  for  election  as  senator,  file 
with  the  secretary  of  the  senate  at  Washington,  District  of  Columbia, 
a  full,  correct,  and  itemized  statement  of  all  moneys  and  things  of  value 
received  by  him  or  by  anyone  for  him  with  his  knowledge  and  consent, 
from  any  source,  in  aid  or  support  of  his  candidacy,  together  with  the 
names  of  all  those  who  have  furnished  the  same  in  whole  or  in  part; 
and  such  statement  shall  contain  a  true  and  itemized  account  of  all 
moneys  and  things  of  value  given,  contributed,  expended,  used,  or  prom- 
ised by  such  candidate,  or  by  his  agent,  representative,  or  other  person 
for  and  in  his  behalf  with  his  knowledge  and  consent,  together  with  the 
names  of  all  those  to  whom  any  and  all  such  gifts,  contributions,  pay- 
ments, or  promises  were  made  for  the  purpose  of  procuring  his  nomina- 
tion or  election. 

"Every  such  candidate  for  nomination  at  any  primary  election  or 
nominating  convention,  or  for  indorsement  or  election  at  any  general  or 
special  election,  or  for  election  by  the  legislature  of  any  state,  shall, 
within  fifteen  days  after  such  primary  election  or  nominating  conven- 
tion, and  within  thirty  days  after  any  such  general  or  special  election, 
and  within  thirty  days  after  the  day  upon  which  the  legislature  shall 
have  elected  a  senator,  file  with  the  clerk  of  the  house  of  representatives 
or  with  the  secretary  of  the  senate,  as  the  case  may  be,  a  full,  correct, 
and  itemized  statement  of  all  moneys  and  things  of  value  received  by 
him  or  by  anyone  for  him  with  his  knowledge  and  consent,  from  any 
source,  in  aid  or  support  of  his  candidacy,  together  with  the  names  of 
all  those  who  have  furnished  the  same  in  whole  or  in  part;  and  such 
statement  shall  contain  a  true  and'  itemized  account  of  all  moneys  and 
things  of  value  given,  contributed,  expended,  used  or  promised  by  such 
candidate,  or  by  his  agent,  representative,  or  other  person  for  and  in 
his  behalf  with  his  knowledge  and  consent,  up  to,  on,  and  after  the 
day  of  such  primary  election,  nominating  convention,  general  or  special 
election,  or  election  by  the  legislature,  together  with  the  names  of  all 
those  to  whom  any  and  all  such  gifts,  contributions,  payments,  or  pro 
ises  were  made  for  the  purpose  of  procuring  his  nominaticr.,  indori 
ment,  or  election. 

"Every  such  candidate  shall  include-  therein  a  statement  of  eve 
promise  or  pledge  made  by  him,  or  by  anyone  for  him  with  his  knowled 
and  consent  or  to  whom  he  has  given  authority  to  make  any  such  promi 
or  pledge,  before  the  completion  of  any  such  primary  election  or  nomi 
nating  convention  or  general  or  special  election  or  election  by  the  legi 


•  235 

lature,  relative  to  the  appointment  or  recommendation  for  appointment 
of  any  person  to  any  position  of  trust,  honor,  or  profit,  either  in  the 
county,  state  or  nation,  or  in  any  political  sub-division  thereof,  or  in 
any  private  or  corporate  employment,  for  the  purpose  of  procuimg  the 
support  of  such  person  or  of  any  person  in  his  candidacy,  and  if  any 
such  promise  or  pledge  shall  have  been  made  the  names  or  name,  the 
address  or  addresses,  and  the  occupation  or  occupations  of  the  person 
or  persons  to  whom  such  promise  or  pledge  shall  have  been  made,  shall 
be  stated,  together  with  a  description  of  the  position  relating  to  which 
such  promise  or  pledge  has  been  made.  In  the  event  that  no  such  prom- 
ise or  pledge  has  been  made  by  such  candidate,  that  fact  shall  be  dis- 
tinctly stated. 

"No  candidate  for  representative  in  congress  or  for  senator  of  the 
United  States  shall  promise  any  office  or  position  to  any  person,  or  to 
use  his  influence  or  to  give  his  support  to  any  person  for  any  office  or 
position  for  the  purpose  of  procuring  the  support  of  such  person,  or  of 
any  person,  in  his  candidacy;  nor  shall  any  candidate  for  senator  of  the 
United  States  give,  contribute,  expend,  use,  or  promise  any  money  or 
thing  of  value  to  assist  in  procuring  the  nomination  or  election  of  any 
particular  candidate  for  the  legislature  of  the  state  in  which  he  resides, 
but  such  candidate  may,  within  the  limitations  and  restrictions  and  sub- 
ject to  the  requirements  of  this  act,  contribute  to  political  committees 
having  charge  of  the  disbursement  of  campaign  funds. 

"No  candidate  for  representative  in  congress  or  for  senator  of  the 
United  States  shall  give,  contribute,  expend,  use,  or  promise,  or  cause 
to  be  given,  contributed,  expended,  used,  or  promised,  in  procuring  his 
nomination  i.nd  election,  any  sum,  in  the  aggregate,  in  excess  of  the 
amount  which  he  may  lawfully  give,  contribute,  expend,  or  promise  under 
the  laws  of  the  state  in  which  he  resides:  Provided,  That  no  candidate 
for  representative  in  congress  shall  give,  contribute,  expend,  use  or  prom- 
ise any  sum,  in  the  aggregate,  exceeding  five  thousand  dollars  in  any 
campaign  for  his  nomination  and  election;  and  no  candidate  for  senator 
of  the  United  States  shall  give,  contribute,  expend,  use,  or  promise  any 
sum,  in  the  aggregate,  exceeding  ten  thousand  dollars  in  any  campaign 
f 01'  his  nomination  and  election :  Provided  further,  Tliat  money  expended 
by  any  such  candidate  to  meet  and  discharge  any  assessment,  fee,  or 
charge  made  or  levied  upon  candidates  by  the  laws  of  the  state  in  which 
he  resides,  or  for  his  necessary  personal  expenses,  incurred  for  himself 
alone,  for  travel  and  subsistence,  stationery  and  postage,  writing  or 
printing  (other  than  in  newspapers),  and  distributing  letters,  circulars, 
and  posters,  and  for  telegraph  and  telephone  service,  shall  not  be  re- 
garded as  an  expenditure  within  the  meaning  of  this  section,  and  shall 
not  be  considered  any  part  of  the  sum  herein  fixed  as  the  limit  of  ex- 
pense and  need  not  be  shown  in  the  statements  herein  required  to  be 
filed. 

"The  statements  herein  required  to  be  made  and  filed  before  the 
general  election,  or  the  election  by  the  legislature  at  which  such  candi- 
date seeks  election,  need  not  contain  items  of  which  publicity  is  given 
in  a  previous  statement,  but  the  statement  required  to  be  made  and 
filed  after  said  general  election  by  the  legislature  shall,  in  addition  to 


236 

an  itemized  statement  of  all  expenses  not  theretofore  given  publicity, 
contain  a  summary  of  all  preceding  statements. 

"Any  person,  not  then  a  candidate  for  senator  of  the  United  States, 
who  shall  have  given,  contributed,  expended,  used,  or  promised  any  money 
or  thing  of  value  to  aid  or  assist  in  the  nomination  or  election  of  any 
particular  member  of  the  legislature  of  the  state  in  which  he  resides, 
shall,  if  he  thereafter  becomes  a  candidate  for  such  office,  or  if  he  shall 
thereafter  be  elected  to  such  office  without  becoming  a  candidate  there- 
for, comply  with  all  of  the  provisions  of  this  section  relating  to  candi- 
dates for  such  office,  so  far  as  the  same  may  be  applicable;  and  the 
statement  herein  required  to  be  made,  verified,  and  filed  after  such  elec- 
tion shall  contain  a  full,  true  and  itemized  account  of  each  and  every 
gift,  contribution,  expenditure,  and  promise  whenever  made,  in  any  wise 
relating  to  the  nomination  or  election  of  members  of  the  legislature  of 
said  state,  or  in  any  wise  connected  with  or  pertaining  to  his  nomination 
and  election  of  which  publicity  is  not  given  in  a  previous  statement. 

"Every  statement  herein  required  shall  be  verified  by  the  oath  or 
affirmation  of  the  candidate,  taken  before  an  officer  authorized  to  ad- 
minister oaths;  and  the  depositing  of  any  such  statement  in  a  regular 
post  office,  directed  to  the  clerk  of  the  house  of  representatives,  or  to  the 
secretary  of  the  state,  as  the  case  may  be,  duly  stamped  and  registered, 
within  the  time  required  herein,  shall  be  deemed  a  sufficient  filing  of  any 
such  statement  under  any  of  the  provisions  of  this  act."  , 

Approved  August  23,  1912.  ! 

"This  act  shall  not  be  construed  to  annul  or  vitiate  the  laws  of  any 
state,  not  directly  in  conflict  herewith,  relating  to  the  nomination  or 
election  of  candidates  for  the  officers  herein  named,  or  to  exempt  any 
such  candidate  from  complying  with  such  state  laws."  (Amended  Au- 
gust 19,  1911.  37  Stat.  L.  26,  Fed.  Stat.  Anno.  1912.  Supp.  p.  72,  and 
as  amended  August  23,  1912.) 

306.  Candidates   for   Congress   May   Pay   All   Necessary   Personal   Ex- 

penses Out  of  Own  Private  Funds. 

"9.    That  any  person  may  in  connection  with  such  election  incur 
and  pay  from  his  own  private  funds  for  the  purpose  of  influencing  or 
controlling  in  two  or  more  states,  the  results  of  an  election  at  which    | 
representatives  to  the  congress  of  the  United  States  are  elected,  all  nee-    ' 
essary  personal  expenses  for  his  traveling,  for  stationery,  and  postage, 
and  for  telegraph  and  telephone  service  without  being  subject  to  the    « 
provisions  of  this   act."     (As  amended  August  19,   1911.    36  Stat.   L.    | 
824,  Fed.  Stat.  Anno.  1912,  Supp.  p.  71.)  I 

307.  Candidates  May  Pay  Proper  Legal  Expenses. 

10.  That  nothing  contained  in  this  act  shall  limit  or  aifect  the  right 
of  any  person  to  spend  money  for  proper  legal  expenses  in  maintaining 
or  contesting  the  results  of  any  election.     (36  Stat.  L.  824.) 

308.  Penalties  for  Violation  of  Act. 

11.  That  every  person  wilfully  violating  any  of  the  foregoing  pro- 
visions of  this  act  shall,  upon  conviction,  be  fined  not  more  than  one 


237 

thousand  dollars  or  imprisoned  not  more  than  one  year,  or  both.     (Ap- 
proved, June  25,  1910.    36  Stat.  L.  824.) 

An  act  to  prohibit  corporations  from  making  money  contributions  in 
connection  with  political  elections. 

309.  Federal  Law — Prohibiting  Contributions  by  Corporations. 

Be  it  enacted  by  the  senate  and  house  of  representatives  of  the 
United  States  of  America  in  congress  assembled,  That  it  shall  be  un- 
lawful for  any  national  bank,  or  any  corporation  organized  by  authority 
of  any  laws  of  congress  to  make  a  money  contribution  in  connection  with 
the  election  to  any  political  office.  It  shall  also  be  unlawful  for  any 
corporation  whatever  to  make  a  money  contribution  in  connection  with 
any  election  at  which  presidential  and  vice-presidental  electors  or  a 
representative  in  congress  is  to  be  voted  for  or  any  election  by  any  state 
legislature  of  a  United  States  senator.  Every  corporation  which  shall 
make  any  contribution  in  violation  of  the  foregoing  provisions  shall  be 
subject  to  a  fine  not  exceeding  five  thousand  dollars,  and  every  officer 
or  director  of  any  corporation  who  shall  consent  to  any  contribution  by 
the  corporation  in  violation  of  the  foregoing  provisions  shall  up6n  con- 
viction be  punished  by  a  fine  of  not  exceeding  one  thousand  dollars  and 
not  less  than  two  hundred  and  fifty  dollars,  or  by  imprisonment  for  a 
term  of  not  more  than  one  year,  or  both  such  fine  and  imprisonment  in 
the  discretion  of  the  court. 

[Approved,  January  26,  1907.    35  Stat.  L.  1103.     Fed.  Stat.  Anno.  Supp. 

1909,  p.  427.] 

ARTICLE  7.    ADDITIONAL  PROVISIONS  TO  SECURE  PURITY  OF 

ELECTIONS. 

SEC.  SEC. 

310.  Illegal  voter.  330.  Using  violence,  threats  or  restraint. 

311.  Voting  in  wrong  precinct.  331.  Seizing  ballot  box. 

312.  Non-resident  voting.  .  332.  Destroying  ballot  box  or  ballots. 

313.  Importing   voters.  333.  Inducing  voters  to  re-sign  petition. 

314.  Voting  more  than  once.  334.  Selling  signature  to  petition. 

315.  Sale  of  vote.  .  335.  Fraud  at  special  election. 

316.  Reward  for  conviction.  336.  Buying  vote  at  special  election. 

317.  Limitation  of  actions.  337.  Bribing  to  procure  election. 

318.  Bribery  to  secure  nomination.  338.  Bribery  of  election  officers. 

319.  Bribing  voter.  339.  Betting  on  elections. 

320.  Ground  of  challenge — Affidavit.  340.  Inducing  minor  to  bet  on  elections. 

321.  False  affidavit.  341.  Liquor — Selling  on   election  day. 

322.  Ballot    box    breaking  —  Altering     re-        342.  Druggist     selling    liquor    on     election 

turns.  ^           day. 

323.  Fraud  by  officer.  343.  Penalty  for  selling  or  oflfering  to  sell 

324.  Altering  returns.  vote. 

325.  Refusing  to  receive  vote.  344.  Penalty  for  buying  votes. 

326.  Officer  persuading  voter.  345.  Witnesses. 

327.  Officer  opening  or  marking  ticket.  346.  Repeal. 

328.  Decrfving  illiterate  voter.  347.  Holidays — Hours     of     sale— Cities     or 

329.  Defrauding  voter.  towns— Penalties. 

[1881,  S.,  p.   174.    Approved  April  14,  1881.    In  force  September  19, 

1881.] 
310.    Illegal  Voter. 

263.  Whoever,  not  having  the  legal  qualifications  of  a  voter  at  any 
election  authorized  by  law  to  be  held  in  this  state  for  any  officer  what- 
ever, votes  or  offers  to  vote  at  such  election,  shall  be  fined  not  more  than 


238 

five  hundred  dollars  nor  less  than  ten  dollars,  Imprisoned  in  the  county 
jail  not  more  than  one  year  nor  less  than  one  month,  and  disfranchised 
and  rendered  incapable  of  holding  any  office  of  trust  or  profit  for  any 
determinate  period.  (R.  S.  1908  and  1914,  §2561;  R.  S.  1901,  §2322;  R.  S. 
1897,  §2362;  R.  S.  1894,  §2322;  R.  S.  1881,  §2179.) 

311.  Voting  in  Wrong  Precinct. 

264.  Whoever  knowingly  votes-  or  offers  to  vote  in  any  precinct  or 
ward  except  the  one  in  which  he  resides,  shall  be  fined  not  more  than 
five  hundred  dollars  nor  less  than  ten  dollars,  imprisoned  in  the  county 
jail  not  more  than  one  year  nor  less  than  one  month,  and  disfranchised 
and  rendered  incapable  of  holding  any  office  of  trust  or  profit  for  any 
determinate  period.  (R.  S.  1908  and  1914,  §2562;  R.  S.  1901,  §2823; 
R.  S.  1897,  §2323;  R.  S.  1894,  §2363;  R.  S.  1881,  §2180.) 

312.  Nonresident  Voting. 

265.  Whoever  passes  from  any  other  state  into  this  state,  and  votes 
or  attempts  to  vote  at  any  voting  precinct  or  ward  of  this  state,  not 
being  at  the  time  a  bona  fide  resident  of  such  voting  precinct  or  ward, 
shall  be  fined  not  more  than  one  thousand  dollars  nor  less  than  fifty 
dollars,  imprisoned  in  the  state  prison  not  more  than  five  years  nor  less 
than  one  year,  and  disfranchised  and  rendered  incapable  of  holding  any 
office  of  trust  or  profit  for  any  determinate  period.  (R.  S.  1908  and 
1914,  §2564;  R.  S.  1901,  §2324;  R.  S.  1897,  §2364;  R.  S.  1894,  §2324;  R. 
S.  1881,  §2181.) 

313.  Importing  Voters. 

266.  Whoever  hires  or  solicits  any  person  to  come  from  any  state 
into  this  state  for  the  purpose  of  voting  at  any  election  therein  or  to 
pass  from  any  county  to  another  county,  or  from  any  township  into 
another  township,  or  from  any  voting  precinct  or  ward  of  the  state,  for 
the  purpose  of  voting  therein  at  any  election  held  therein  (such  person, 
so  solicited,  not  being  a  legal  voter  in  such  county,  township,  precinct 
or  ward),  shall  be  fined  not  more  than  one  thousand  dollars  nor  less 
than  fifty  dollars,  imprisoned  in  the  state  prison  not  more  than  five 
years  nor  less  than  one  year,  and  disfranchised  and  rendered  incapable 
of  holding  any  office  of  trust  or  profit  for  any  determinate  period.  (R. 
S.  1908  and  1914,  §2565;  R.  S.  1901,  §2325;  R.  S.  1897,  §2365;  R.  S.  1894, 
§2325;  R.  S.  1881,  §2182.) 

314.  Voting  More  Than  Once. 

267.  Whoever  votes  more  than  once  at  any  election  in  this  state, 
either  at  the  same  precinct  or  ward  or  at  different  precincts  or  wards,  , 
shall  be  fined  not  more  than  one  thousand  dollars  nor  less  than  fifty  dol-  | 
lars,  imprisoned  in  the  state  prison  not  more  than  five  years  nor  less 
than  one  year,  and  disfranchised  and  rendered  incapable  of  holding  any 
office  of  trust  or  profit  for  any  determinate  period.  (R.  S.  1908  and  1914, 
§2563;  R.  S.  1901,  §2326;  R.  S.  1897,  §2366;  R.  S.  1894,  §2326;  R.  S.  1881, 
§2183.) 


239 

315.  Sale  of  Vote. 

1.  That  whosoever  sells,  barters  or  offers  to  sell  or  barter  his  vote, 
or  offers  to  refrain  from  voting  for  any  candidate  or  candidates  for  any 
office  at  any  general,  special  or  primary  elections  or  convention  eithei* 
for  money  or  property,  or  thing  of  value,  or  for  any  promise  or  favor 
or  hope  of  reward,  or  who  shall  accept  any  money,  property  or  thing  of 
value,  with  the  promise  or  pretense  of  voting  for,  or  refraining  from 
voting  for  any  candidate  or  candidates,  shall  upon  conviction  therefor  be 
disfranchised  and  rendered  incapable  of  holding  any  office  of  profit  or 
trust,  for  a  period  not  less  than  ten  years  nor  more  than  twenty  years. 
(Acts  1899,  p.  381.    R.  S.  1914,  §2558.) 

316.  Reward  for  Conviction. 

2.  Any  person  or  persons  having  knowledge  or  information  of  the 
violation  of  the  provisions  of  this  act,  who  shall  procure  or  furnish  or 
cause  to  be  procured  or  furnished  the  testimony  necessary  to  secure  a 
conviction  of  the  person  or  persons  violating  the  same  shall  be  entitled 
to  a  reward  of  $100  payable  out  of  the  treasury  of  the  county  in  which 
such  conviction  shall  be  had  and  the  right  to  such  reward  shall  be  a 
valid  claim  against  such  county.    (Acts  1899,  p.  381.    R.  S.  1914,  §2559.) 

317.  Limitation  of  Actions. 

4.  Prosecution  may  be  brought,  under  this  act,  at  any  time  within 
six  months  after  the  commission  of  the  offense.  (Acts  1899,  p.  381.  R. 
S.  1914,  §2560.) 

[1889,  p.  267.    Approved  March  9, 1889.    In  force  May  10,  1889.] 

318.  Bribery  to  Secure  Nomination. 

1.  Any  person  being  a  candidate  for  nomination  to  any  office  of 
profit  or  trust  under  the  constitution  or  laws  of  this  state,  or  of  the 
United  States,  before  any  convention  held  by  any  political  party,  or  at 
any  primary  election,  who  loans,  pays  or  gives,  or  promises  to  loan, 
pay  or  give  any  money  or  other  thing  of  value  to  any  delegate  or  elector, 
or  any  other  person,  for  the  purpose  of  securing  the  vote  or  influence 
of  such  delegate,  elector  or  person  for  his  nomination,  and  whoever 
hires  or  otherwise  employs  for  consideration  any  person  to  work  for 
the  nomination  of  any  person  to  any  office,  or  to  work  for  the  selection 
of  any  delegate  to  be  chosen  at  any  party  convention  or  primary  election, 
shall,  upon  conviction  thereof,  be  fined  in  any  sum  not  more  than  five 
hundred  dollars  and  disfranchised  and  rendered  incapable  of  holding  any 
office  of  profit  or  trust  within  this  state  for  any  determinate  period,  and 
if  nominated  shall  be  ineligible  to  hold  such  office.  (R.  S.  1908  and  1914, 
§2566;  R.  S.  1901,  §2327;  R.  S.  1897,  §2367;  tt.  S.  1894,  §2327;  E.  S., 
§319.) 

319.  Bribing  Voter. 

2.  Whoever,  being  a  candidate  for  an  office,  loans  or  gives  directly 
or  indirectly,  or  offers  or  promises  to  loan  or  give  money  or  other  thing 
of  \  alue  to  any  elector  for  the  purpose  of  influencing  or  retaining  the 
vote  of  such  elector,  or  to  induce  such  elector  to  work  or  labor  for  the 


240 

election  of  such  candidate  or  to  refrain  from  working  or  laboring  for  the 
election  of  any  other  candidate,  or  to  any  person,  to  secure  or  to  retain 
the  influence  or  vote  of  such  elector  in  his  behalf  as  such  candidate,  or  to 
be  used  by  such  person  in  any  way  to  influence  the  vote  of  any  elector, 
or  of  electors  generally,  for  himself  or  any  candidate  or  ticket,  and 
whoever  hires  or  otherwise  employs  for  consideration  any  person  to 
work  at  the  polls  on  election  day  for  the  election  of  any  candidate  to  be 
voted  for  at  such  election,  shall  l)e  fined  in  any  sum  not  more  than  one 
thousand  nor  less  than  three  hundred  dollars,  and  shall  be  disfranchised 
and  rendered  incapable  of  holding  any  office  of  profit  or  trust  within 
this  state  for  any  determinate  period,  and  a  violation  of  any  provision 
of  this  section  by  any  person  elected  to  such  office  shall  render  his 
election  void,  and  if  he  has  taken  the  office,  upon  conviction,  shall  operate 
as  a  vacation  of  the  same.  (R.  S.  1908  and  1914,  §2567;  R.  S.  1901, 
§2328;  R.  S.  1897,  §2368;  R.  S.  1894,  §2328;  E.  S.,  §320.) 

320.     Ground  for  Challenge — Affidavit. 

5.  At  any  election  held  under  and  pursuant  to  any  law  of  this  state, 
it  shall  be  a  ground  for  challenge  that  any  person  offering  to  vote  has 
used  or  attempted  to  use  money  or  other  means  to  buy,  hire  or  induce 
any  elector  to  vote  or  refrain  from  voting  for  any  candidate  or  candi- 
dates, or  has  advised,  counseled  or  suggested  bribery  of  any  elector  or 
electors  at  any  such  election,  whether  the  same  has  been  acted  on  or 
not;  or  has  sold  or  offered  to  sell  his  vote  for  any  candidate  or  candidates, 
at  any  such  election.  And  when  so  challenged  such  elector  shall  not  be 
permitted  to  vote  until  he  has  taken  and  subscribed  the  following: 

State  of  Indiana,     )  ^^ 
County,    \  ^^' 

I, ,  do  solemnly    swear  (or  affirm)  that  I 

have  not  used  nor  attempted  to  use  any  money  or  other  means  to  buy, 
hire  or  induce  any  person  or  persons  to  vote  or  refrain  from  voting, 
or  to  remain  away  from  the  polls  at  this  election;  and  that  I  have  not 
counseled,  advised,  suggested  or  procured  any  person  or  persons  to  bribe 
any  elector  or  electors  to  vote  for  any  candidate  or  candidates,  or  to 
refrain  from  voting,  or  to  remain  away  from  the  polls  at  this  election, 
and  that  I  have  not  sold  or  offered  to  sell  my  vote,  either  directly  or  in- 
directly, at  this  election. 


Subscribed  and  sworn  to  before  me  this day  of 

.•... ,  19... 

(R.  S.  1908  and  19t4,  §2568;  R.  S.  1901,  §2331;  R.  S.  1887,  §2371; 
R.  S.  1894,  §2331;  E.  S.,  §323.) 

321.     False  Affidavit. 

6.  Whoever  shall  wilfully  or  knowingly  make  a  false  affidavit 
under  this  act  shall  be  guilty  of  perjury  and  punished  accordingly.  AH 
affidavits  made  under  the  preceding  section  shall  be  filed  with  the  board 
of  election  and  preserved  by  such  board  in  the  manner  as  other  similar 


241 

affidavits  and  papers  are  preserved.     (R.  S.  1908  and  1914;  §2569;  R.  S. 
1901,  §2332;  R.  S.  1897,  §2372;  R.  S.  1894,  §2332;  E.  R.,  §324.) 

1.  Section  7  repeals  sections  1,  2,  3  and  5  of  acts  of  March  17,  1885 
(1885,  p.  93).    The  same  section  repeals  2184  and  2185  of  R.  S.  1881. 

322.  Ballot  Box  Breaking — Alteriijg  Returns. 

8.  Any  person  not  duly  authorized  by  law  who  shall,  during  the 
progress  of  an  election  in  this  state,  or  after  the  closing  of  the  polls 
and  before  the  ballots  are  counted,  and  result  ascertained,  or  within  six 
months  thereafter,  break  open  or  violate  the  seals  or  locks  of  any  ballot 
box,  paper  envelope  or  bag  in  which  ballots  have  been  deposited  at  or 
after  such  election,  or  who  shall  obtain  possession  of  such  ballot  box, 
paper  envelope  or  bag  containing  such  ballots,  and  cancel,  withhold  or 
destroy  the  same,  or  who  shall  fraudulently  or  forcibly  add  to  or  dimin- 
ish the  number  of  ballots  legally  deposited  therein,  or  who  shall  fraudu- 
lently make  any  erasure  or  alteration  of  any  kind  upon  any  tally  sheet, 
poll  book,  list  of  votes  or  election  return  deposited  therein,  shall  be 
fined  in  any  sum  not  more  than  one  thousand  nor  less  than  five  hundred 
dollars,  and  imprisoned  in  the  state  prison  not  more  than  ten  nor  less 
than  two  years,  and  disfranchised  and  rendered  incapable  of  holding  any 
office  of  profit  or  trust  in  this  state  for  any  determinate  period.  (R.  S. 
1908  and  1914,  §2570;  R.  S.  1901,  §2333;  R.  S.  1897,  §1373;  R.  S.  1894, 
§2333;  E.  S.,  §236.) 

[1881,  p.  174.     Approved  April  14,  1881.     In  force  September  19,  1881.] 

323.  Fraud  by  Officer. 

270.  Whoever,  being  a  township  trustee,  inspector,  judge  of  elec- 
tion, or  clerk  of  election,  takes  out  of  the  ballot  box  any  ballot  legally 
deposited  therein,  for  the  purpose  of  destroying  the  same  or  substituting 
another  in  its  place,  or  after  the  same  has  been  legally  taken  out,  inten- 
tionally destroys  or  misplaces  the  same  with  the  intent  to  substitute 
another  ballot  therefor,  or  with  the  intent  to  prevent  the  same  from 
being  counted  at  such  election;  or  knowingly  enters  upon  the  poll  books 
the  name  of  any  person  who  has  not  legally  voted  at  such  election;  or 
intentionally  tallies  any  vote  to  any  candidate  not  voted  for  by  such  bal- 
lot; or  permits  any  one  of  these  acts  to  be  done — shall  be  fined  not  more 
than  one  thousand  dollars  nor  less  than  fifty  dollars,  imprisoned  in  the 
state  prison  not  more  than  five  years  nor  less  than  one  year,  and  dis- 
franchised and  rendered  incapable  of  holding  any  office  of  trust  for  any 
determinate  period.  (R.  S.  1908  and  1914,  §2571;  R.  S.  1901,  §2334; 
R.  S.  1897,  §2374;  R.  S.  1894,  §2334;  R.  S.  1881,  §2186.) 

324.  Altering  Returns. 

271.  Any  township  trustee,  inspector  or  any  person  acting  for  or 
on  behalf  of  any  trustee  or  inspector  while  forming  a  board  of  canvass- 
ers or  before  the  canvassing  of  any  board  of  canvassers  or  after  the 
adjournment  of  any  board  of  canvassers,  who  shall,  with  intent  to  cheat 
and  defraud,  alter  any  election  return  as  made  by  the  election  board  of 
any  voting  precinct,  either  by  increasing  the  vote  of  any  candidate  or 

16—22129 


242 

reducing  the  same;  or  shall  intentionally  destroy,  misplace,  or  lose  any 
poll  book  or  tally  sheet;  or  any  clerk  of  court  who  shall,  with  intent 
to  cheat  and  defraud,  change  or  alter  in  any  way  the  vote  of  any  candi- 
date as  returned  by  the  board  of  canvassers;  or  any  such  trustee,  inspec- 
tor, clerk  or  deputy  clerk,  or  other  person,  acting  for  such  person  who 
shall  consent  to  the  same  being  done,  or  who  shall  permit  the  same  to 
be  done,  shall  be  fined  not  more  than' one  thousand  dollars  nor  less  than 
fifty  dollars,  imprisoned  in  the  state  prison  not  more  than  five  years  nor 
less  than  one  year,  and  disfranchised  and  rendered  incapable  of  holding 
any  office  of  trust  or  profit  for  any  determinate  period.  (R.  S.  1908  and 
1914,  §2572;  R.  S.  1901,  §2335;  R.  S.  1897,  §2375;  R.  S.  1894,  §2335; 
R.  S.  1881,  §2187.) 

325.  Refusing  to  Receive  Vote. 

272.  Whoever,  being  an  inspector  or  judge  of  any  election  held 
within  this  state,  knowingly  and  wilfully,  or  corruptly,  refuses  or  neg- 
lects to  receive  the  vote  of  any  legal  voter  at  any  election  held  within 
the  state,  shall  be  fined  not  more  than  five  hundred  dollars  nor  less  than 
fifty  dollars,  and  disfranchised  and  rendered  incapable  of  holding  any 
office  of  trust  or  profit  for  any  determinate  period.  (R.  S.  1908  and 
1914,  §2573;  R.  S.  1901,  §2336;  R.  S.  1897,  §2376;  R.  S.  1894,  §2336; 
R.  S.  1881,  §2188.) 

326.  Officer  Persuading  Voter. 

273.  Whoever,  being  an  inspector,  judge  or  clerk  of  an  election, 
attempts  to  induce,  by  persuasion,  menace  or  reward,  or  promise  thereof, 
any  elector  to  vote  for  any  person,  shall  be  fined  not  more  than  one 
hundred  dollars  nor  less  than  ten  dollars.  (R.  S.  1908  and  1914,  §2574; 
R.  S.  1901,  §2337;  R.  S.  1897,  §2377;  R.  S.  1894,  §2337;  R.  S.  1881, 
§2189.) 

327.  Officer  Opening  or  Marking  Ticket. 

274.  Whoever,  being  a  judge,  inspector,  clerk  or  other  officer  of  an 
election,  opens  or  marks,  by  folding  or  otherwise,  any  ticket  presented 
by  such  elector  at  such  election;  or  attempts  to  find  out  the  names  there- 
on; or  suffers  the  same  to  be  done  by  any  person  before  such  ticket 
is  deposited  in  the  ballot  box,  shall  be  fined  in  any  sum  not  more  than 
one  hundred  dollars  nor  less  than  ten  dollars,  and  disfranchised  for  any  de- 
terminate period.  (R.  S.  1908  and  1914,  §2575;  R.  S.  1901,  §2338;  R.  S. 
1897,  §2378;  R.  S.  1894,  §2388;  R.  S.  1881,  §2190.) 

328.  Deceiving  Illiterate  Voter. 

275.  Whoever  furnishes  an  elector  who  cannot  read  the  English 
language,  at  any  election  held  pursuant  to  law,  with  a  ticket  which  such 
person  shall  represent  to  such  elector  as  containing  a  name  different 
from  the  one  printed  or  written  thereon,  shall  be  fined  not  more  than 
one  hundred  dollars  nor  less  than  ten  dollars,  and  disfranchised  and 
rendered  incapable  of  holding  any  office  of  trust  or  profit  for  any  deter- 
minate period.  (R.  S.  1908  and  1914,  §2576;  R.  S.  1901,  §2339;  R.  S. 
1897,  §2379;  R.  S.  1894,  §2339;  R.  S.  1881,  §2191.) 


243 

329.  Defrauding  Voter. 

276.  Whoever  fraudulently  causes  or  attempts  to  cause  any  elector, 
at  any  election  held  pursuant  to  law  in  this  state,  to  vote  for  a  person 
different  from  the  one  he  intended  to  vote  for,  shall  be  fined  not  more 
than  one  hundred  dollars  nor  less  than  ten  dollars.  (R.  S.  1908  and  1914, 
§2577;  R.  S.  1901,  §2340;  R.  S.  1897,  §2380;  R.  S.  1894,  §2340;  R.  S.  1881, 
§2192.) 

330.  Using  Violence,  Threats  or  Restraint. 

277.  Whoever,  for  the  purpose  of  influencing  a  voter,  seeks  by  vio- 
lence or  threats  of  violence  or  threats  to  enforce  the  payment  of  a  debt; 
or  to  eject  or  threaten  to  eject  from  any  house  he  may  occupy;  or  to 
begin  a  criminal  prosecution;  or  to  injure  the  business  or  trade  of  an 
elector;  if  an  employer  of  laborers  or  an  agent  of  such  employer,  threat- 
ens to  withhold  the  wages  of  or  to  dismiss  from  service  any  laborer  in 
his  employment;  or  refuses  to  allow  to  any  such  employe  time  to  attend 
at  the  place  of  election  and  vote,  shall  be  fined  not  more  than  one  thou- 
sand dollars  nor  less  than  twenty  dollars,  imprisoned  in  the  state  prison 
not  more  than  five  years  nor  less  than  one  year,  and  disfranchised  and 
rendered  incapable  of  holding  any  office  of  trust  or  profit  for  any  deter- 
minate period.  (R.  S.  1908  and  1914,  §2578;  R.  S.  1901,  §2341;  R.  S. 
1897,  §2381;  R.  S.  1894,  §2341;  R.  S.  1881,  §2193.) 

331.  Seizing  Ballot  Box. 

278.  Whoever,  at  any  election,  unlawfully,  either  by  force,  fraud, 
or  other  improper  means,  obtains  or  attempts  to  obtain  possession  of 
any  ballot  box,  or  any  ballots  therein  deposited,  while  the  voting  of  such 
election  is  going  on  or  before  the  ballots  are  duly  taken  out  of  such 
ballot  box  and  counted  by  the  election  board  according  to  law,  shall  be 
fined  not  more  than  one  thousand  dollars  nor  less  than  fifty  dollars, 
imprisoned  in  the  state  prison  not  more  than  five  years  nor  less  than 
one  year,  and  disfranchised  and  rendered  incapable  of  holding  any  office  of 
trust  or  profit  for  any  determinate  period.  (R.  S.  1908  and  1914,  §2579; 
R.  S.  1901,  §2342;  R.  S.  1897,  §2382;  R.  S.  1894,  §2342;  R.  S.  1881, 
§2194.) 

332.  Destroying  Ballot  Box  or  Ballots. 

279.  Whoever  unlawfully  destroys  or  attempts  to  destroy  any  ballot 
box  used,  or  any  ballot  or  vote  deposited,  or  any  poll  book  kept  at  any 
election,  shall  be  fined  not  more  than  one  thousand  dollars  nor  less  than 
fifty  dollars,  imprisoned  in  the  state  prison  not  more  than  five  years 
nor  less  than  one  year,  and  disfranchised  and  rendered  incapable  of 
holding  any  office  of  trust  or  profit  for  any  determinate  period.  (R.  S. 
1908  and  1914,  §2580;  R.  S.  1901,  §2343;  R.  S.  1897,  §2383;  R.  S.  1894, 
§2343;  R.  S.  1881,  §2195.)    ,  > 

333.  Inducing  Voters  to  Re-sign  Petition. 

280.  Whoever,  by  persuasion,  menace,  or  reward,  or  promise  thereof, 
induces  or  attempts  to  induce  any  legal  voter  of  any  county  to  re-sign 
any  written  or  printed  petition  for  the  relocation  of  the  county  seat  of 


244 

any  county  or  any  remonstrance  against  such  location,  shall  be  fined 
not  more  than  five  hundred  dollars  nor  less  than  ten  dollars,  to  which 
may  be  added  imprisonment  in  the  county  jail  not  more  than  six  months 
nor  less  than  ten  days,  and  he  shall  be  disfranchised  and  rendered  inca- 
pable of  holding  any  office  of  trust  or  profit  for  any  determinate  period. 
(R.  S.  1908  and  1914,  §2581;  R.  S.  1901,  §2344;  R.  S.  1897,  §2384;  R.  S. 
1894,  §2344;  R.  S.  1881,  §2196.) 

334.  Selling  Signature  to  Petition, 

281.  Whoever,  being  a  legal  voter  of  any  county,  sells  or  barters 
or  offers  to  sell  or  barter  for  money,  property,  or  thing  of  value,  or  for 
any  promise  or  hope  of  reward,  given  or  offered  by  any  person,  his 
signature  to  any  written  petition  for  the  relocation  of  any  county  seat, 
or  to  any  remonstrance  against  such  relocation,  shall  be  fined  not  more 
than  five  hundred  dollars  nor  less  than  ten  dollars,  to  which  may  be 
added  imprisonment  in  the  county  jail  not  more  than  six  months  nor 
less  than  ten  days,  and  he  shall  be  disfranchised  and  rendered  incapable.  ; 
of  holding  any  office  of  trust  or  profit  for  any  determinate  period.     (R.  S.  | 
1908  and  1914,  §2582;  R.  S.  1901,  §2345;  R.  S.  1897,  §2385;  R.  S.  1894,  ' 
§2345;  R.  S.  1881,  §2197.) 

335.  Fraud  at  Special  Election. 

282.  Whoever  votes  more  than  once  at  any  election  for  the  reloca- 
tion of  any  county  seat,  or  for  aid  to  any  railroad,  either  at  the  same 
precinct,  or  at  different  precincts,  shall  be  deemed  guilty  of  a  misde-  > 
meanor,  and,  on  conviction,  shall  be  fined  in  any  sum  not  more  than  '■ 
fifty  dollars  nor  less  than  ten  dollars.      (R.   S.   1908  and  1914,  §2583;  ^ 
R.  S.  1901,  §2346;  R.  S.  1897,  §2386;  R.  S.  1894,  §2346;  R.  S.  1881,  §2198.) 

336.  Buying  Vote  at  Special  Election. 

283.  Whoever  buys  or  offers  to  buy,  either  by  himself  or  by  any 
other  person,  or  furnishes  any  money  or  any  other  means  to  be  used,  or 
who  shall  permit  his  money  or  other  means  to  be  used,  to  hire,  buy,  or 
induce  any  person  to  vote  for  or  against  the  removal  of  a  county  seat, 
or  for  or  against  the  appropriation  of  aid  to  any  railroad;  or  whoever 
attempts  to  induce  any  person  to  vote  for  or  against  such  removal  or 
appropriation,  by  offering  any  reward  or  favor — shall  be  deemed  guilty 
of  a  misdemeanor.  And  whoever,  being  a  voter  of  this  state,  sells  or 
barters  or  offers  to  sell  or  barter,  for  any  money  or  property,  or  any- 
thing of  value,  or  any  promise  or  hope  of  reward  given  or  offered  by 
any  person  or  persons,  his  vote  for  the  removal  or  for  the  relocation 
of  a  county  seat,  or  against  such  removal  or  relocation,  or  against  such 
appropriation  or  in  favor  of  such  appropriation  for  said  railroad,  shall 
be  deemed  guilty  of  a  misdemeanor.  And,  upon  conviction  of  violating 
any  provisions  of  this  section,  the  persons  so  offending  shall  be  fined 
in  any  sum  not  more  than  one  hundred  dollars  nor  less  than  twenty-five 
dollars,  and  disfranchised  and  rendered  incapable  of  holding  any  office 
of  trust  or  profit  for  any  determinate  period  not  exceeding  five  years. 
(R.  S.  1908  and  1914,  §2584;  R.  S.  1901,  §2347;  R.  S.  1897,  §2387;  R.  S. 
1894,  §2347;  R.  S.  1881,  §2199.) 


245 

337.  Bribing  to  Procure  Election. 

284.  Whoever  gives  or  offers  a  bribe,  threat,  or  reward  to  procure 
his  election  to  any  office  under  the  constitution  or  the  laws  of  this  state, 
shall  be  fined  not  more  than  one  thousand  dollars  nor  less  than  fifty 
dollars,  and  imprisonment  in  the  state  prison  not  more  than  five  years 
nor  less  than  one  year;  and  such  person  so  offending,  if  elected  to  such 
office,  shall  be  disqualified  from  holding  office  during  the  term  for  which 
he  may  have  been  elected,  and  also  disfranchised  for  any  determinate 
period.  (R.  S.  1908  and  1914,  §2585;  R.  S.  1901,  §2348;  R.  S.  1897,  §2388; 
R.  S.  1894,  §2348;  R.  S.  1881,  §2200.) 

[Acts  1905,  p.  695.    Approved  March  10,  1905.] 

338.  Bribery  of  Election  Officers. 

478.  Whoever,  with  intent  to  corrupt  a  grand  or  petit  juror  or  a 
grand  or  petit  jury,  referee,  master-commissioner,  arbitrator,  umpire, 
commissioner  to  sell  lands  or  to  make  a  partition  of  lands,  appraiser  of 
real  estate  or  personal  property,  county  commissioner,  mayor  of  a  city, 
or  member  of  the  common  council  or  other  officer  of  any  city,  or  trustee 
of  any  incorporated  town,  trustee  of  any  civil  or  school  township,  school 
city  or  town,  or  any  inspector,  judge  or  clerk  of  election,  or  influence 
him  or  them  with  respect  to  the  discharge  of  his  or  their  duty  either 
before  or  after  he  or  they  are  summoned,  elected,  appointed,  qualified  or 
sworn,  promises  or  offers  him  or  them  any  money  or  valuable  thing; 
and  whoever,  either  before  or  after  he  is  summoned,  elected,  appointed, 
qualified  or  sworn  as  a  grand  or  petit  juror,  referee,  master-commission- 
er, arbitrator,  umpire,  commissioner  to  sell  lands  or  to  make  partition 
of  lands,  appraiser  of  real  estate  or  personal  property,  county  commis- 
sioner, mayor  of  a  city,  or  member  of  the  common  council  or  other 
officer  of  any  city,  trustee  of  any  incorporated  town,  trustee  of  any  civil 
or  school  township,  school  city  or  town,  or  inspector,  judge  or  clerk  of 
election,  solicits  or  accepts  any  money  or  other  valuable  things  to  influ- 
ence him  with  respect  to  the  discharge  of  his  duties  as  such,  shall,  on 
conviction,  be  imprisoned  in  the  state  prison  not  less  than  two  years 
nor  more  than  fourteen  years,  fined  not  exceeding  one  thousand  dollars, 
and  disfranchised  and  rendered  incapable  of  holding  any  office  of  trust 
or  profit  for  any  determinate  period.  (R.  S.  1908  and  1914,  §2379;  R.  S. 
1905,  §2123.) 

[Acts  1905,  p.  717.    Ap^oved  March  10,  1905.] 

339.  Betting  on  Elections. 

561.  Whoever  makes  any  bet  or  wager,  or  sells  or  purchases  any 
pools  on  the  result  of  any  election  held  under  the  laws  of  this  state,  or 
upon  the  result  of  any  state  election,  or  upon  the  election  of  any  person 
to  any  office,  post  or  situation,  or  upon  the  election  of  president  or  vice- 
president  of  the  United  States,  or  of  senators  or  representatives  in  con- 
gress, or  of  any  elector  of  president  or  vice-president  of  the  United 
States,  or  sells  or  purchases  any  pools  on  the  result  of  any  horse  race, 
or  trial  of  speed  between  men  or  animals,  or  of  any  game,  shall,  upon 
.conviction^  be  fined  not  less  than  five  dollars  nor  more  than  one  hundred 


246 

dollars,  to  which  may  be  added  imprisonment  in  the  county  jail  not 
less  than  ten  days  nor  more  than  three  months.  (R.  S.  1908  and  1914, 
§2470;  R.  S.  1905,  §2205.) 

[Acts  1905,  p.  716.    Approved  March  10,  1905.] 

340.  Inducing  Minor  to  Bet  on  Elections. 

559.  Whoever,  being  an  adult,  by  any  device  or  pretense,  entices 
any  person  under  the  age  of  twenty-one  years  knowing  such  person  to 
be  a  minor,  to  engage  in  any  game  whatever  for  money  or  property  of 
any  value,  or  plays  or  bets  at  or  upon  any  game  or  wager,  or  upon  the 
result  of  any  game  or  election,  with  a  minor,  knowing  him  to  be  such, 
shall  on  conviction,  be  fined  not  less  than  five  dollars  nor  more  than  one 
hundred  dollars,  to  which  may  be  added  imprisonment  in  the  county  jail 
not  less  than  thirty  days  nor  more  than  one  year.  (R.  S.  1908  and  1914, 
§2468;  R.  S.  1905,  §2203.) 

[Acts  1905,  p.  721.    Approved  March  10,  1905.] 

341.  Liquor — Selling  on  Election  Day. 

579.  Whoever  shall  sell,  barter  or  give  away,  to  be  drunk  as  a   . 
beverage,  any  spirituous,  vinous,  malt  or  other  intoxicating  liquors,  upon   j 
Sunday,  the  Fourth  of  July,  the  first  day  of  January,  the  twenty-fifth   \ 
day   of   December,   commonly   called   Christmas,   Thanksgiving   Day   as 
designated  by  proclamation  of  the  governor  of  this  state,  or  the  president 
cf  the  United  States,  or  any  legal  holiday  or  upon  the  day  of  any  state, 
county,  town£:hip,  primary  or  municipal  election,  in  township,  town  or  city 
where  the  same  may  be  holden,  or  between  the  hours  of  eleven  o'clock 
p.  m.  and  five  o'clock  a.  m.,  shall,  on  conviction,  be  fined  not  less  than 
ten  dollars  nor  more  than  fifty  dollars,  to  v;hich  may  be  added  imprison- 
ment in  the  county  jail  or  workhouse  not  less  than  ten  days  nor  more 
than  sixty  days.     (R.  S.  1908  and  1914,  §2492;  R.  S.  1905,  §2226.) 

[Acts  1905,  p.  722.     Approved  March  10,  1905.] 

342.  Druggist  Selling  Liquor  on  Election  Day. 

580.  It  shall  be  unlawful  for  any  druggist  or  druggist's  clerk  to  sell, 
barter,  or  give  av/ay  any  spirituous,  vinous,  malt  or  other  intoxicating 
liquor  on  Sunday,  or  upon  the  Fourth  of  July,  the  first  day  of  January, 
the  twenty-fifth  day  of  December,  commonly  called  Christmas,  Thanks- 
giving Day,  or  any  legal  holiday,  Vr  upon  the  day  of  £:ny  state,  county, 
primary  or  municipal  election  in  the  township,  town  or  city  where  the 
same  may  be  holden,  or  between  the  hours  of  eleven  o'clock  p.  m.  and 
five  o'clock  a.  m.  of  any  day,  unless  the  person  to  whcm  the  same  is 
sold,  bartered  or  given,  shall  first  have  procured  a  written  prescription 
therefor  from  some  regular  practicing  physician  of  the  county  where 
the  same  is  sold,  bartered  or  given  away.  And  any  person  so  offend- 
ing shall,  on  conviction,  be  fined  not  less  than  ten  dollars  nor  more  than 
fifty  dollars,  to  which  may  be  added  imprisonment  in  the  county  jail  or 
workhouse  net  less  than  ten  days  nor  more  than  sixty  days.  (R.  S. 
1908  and  1914,  §2493;  R.  S.  1905,  §2227.) 


247 

[Acts  1905,  p.  481.    Approved  March  6,  1905.] 

343.  Penalty  for  Selling  or  Offering  to  Sell  Vote. 

2.  Whoever  sells,  barters,  or  offers  to  Lell  or  barter  his  vote  or 
offers  to  refrain  from  voting  for  any  candidate  for  any  office  to  be 
voted  for  at  any  election  held  in  this  state,  either  for  any  money  or 
property  or  thing  of  value  or  for  any  promise  or  favor  or  hope  of 
reward,  given  or  offered  by  any  candidate  to  be  voted  for  at  any  election 
held  in  this  state  or  by  any  other  person  or  persons,  shall  be  fined  in 
any  sum  not  more  than  fifty  dollars,  and  disfranchised  and  rendered  in- 
capable of  holding  any  office  of  trust  or  profit  for  a  period  of  ten  years 
from  the  date  of  such  conviction.  (R.  S.  1908  and  1914,  §2555;  R.  S.  1905, 
§2279.) 

[Acts  1905,  p.  481.    Approved  March  6,  1905.] 

344.  Penalty  for  Buying  Votes. 

1.  That  whoever,  directly  or  indirectly,  hires,  buys,  or  offers  to  hire 
or  buy,  or  furnish  any  money  or  other  means  to  be  used,  or  directs,  or 
permits  his  money  or  other  means  to  be  used,  or  handles  any  money  or 
other  means,  knowing  the  same  to  be  used  to  induce,  hire,  or  buy  any 
person  to  vote  or  refrain  from  voting  any  ticket  or  for  any  candidate 
for  any  office,  to  be  voted  for  at  any  election  held  in  this  state;  or  who- 
ever attempts  to  induce  any  person  to  vote  or  to  refrain  from  voting  for 
any  candidate  for  any  office  to  be  voted  for  at  any  election  held  pursuant 
to  law  or  at  any  primary  held  in  this  state,  by  offering  such  person  any 
reward  or  favor,  shall  be  fined  in  any  sum  not  more  than  fifty  dollars 
and  disfranchised  and  rendered  incapable  of  holding  any  office  of  trust 
or  profit  for  a  period  of  ten  years  from  the  date  of  such  conviction. 
(R.  S.  1908  and  1914,  §2554;  R.  S.  1905,  §2278.) 

[Acts  1905,  p.  482.    Approved  March  6,  1905.] 

345.  Witnesses. 

3.  Any  person  called  as  a  witness  to  testify  against  another  for 
the  violation  of  any  of  the  provisions  of  sections  1  or  2  of  this  act, 
is  a  competent  witness  to  prove  the  offense,  although  he  may  have  been 
concerned  as  a  party,  and  he  shall  be  compelled  to  testify  as  other  wit- 
nesses, but  such  evidence  shall  not  be  used  against  him  in  any  prosecu- 
tion for  such  or  any  other  offense  growing  out  of  matters  about  which 
he  testifies,  and  he  shall  not  be  liable  to  trial  by  indictment  or  inforn.a- 
tion  or  punished  for  such  offense.  (R.  S.  1908  and  1914,  §2556;  R.  S. 
1905,  §2280.) 

[Acts  1905,  p.  482.    Approved  March  6,  1905.] 

346.  Repeal. 

4.  That  the  act  entitled  "An  act  to  procure  the  purity  of  general, 
special  and  primary  elections  and  conventions,  prescribing  punishment 
for  the  violation  thereof,  and  reward  for  conviction  of  violations  of  the 
provisions  thereof,  and  to  repeal  sections  3,  4,  5  and  6  of  an  act  entitled 
*An  act  concerning  elections  and  nominating  conventions,  to  maintain 
political  purity  and  prescribing  punishment  for  any  violations  thereof,' 


248 

approved  March  9,  1889,  and  an  act  entitled  'An  act  to  secure  the 
purity  and  freedom  of  the  ballot  and  to  repeal  sections  1,  2,  3  and  5  of 
an  act  entitled  'An  act  .to  protect  the  ballot  box,  to  procure  fair  elec- 
tions, to'  prevent  the  purchase  or  sale  of  votes,  to  provide  means  of 
proving  such  offenses,  prescribing  the  penalty  therefor  and  repealing 
Sections  268  and  269  of  an  act  concerning  public  offenses  and  their 
punishment,'  approved  April  14,  1881,  being  sections  2184  and  2185  of 
the  revised  statutes  of  1881,  and  repealing  all  laws  and  parts  of  laws 
in  conflict  with  the  provisions  of  this  act,  approved  March  9,  1889,  and 
an  act  concerning  public  offenses  and  their  punishment,  approved  March 
8,  1897,  and,  all  laws,  and  parts  of  laws  in  conflict  with  the  provisions  of 
this  act,  approved  March  4,  1899,'  "  be  and  the  same  is  hereby  repealed. 
(R.  S.  1908  and  1914,  §2557;  R.  S.  1905,  §2281.) 

347.     Holidays — Hours  of  Sale — Cities  or  Towns — Renalty. 

27.  Whoever  shall  barter,  sell  or  give  away,  to  be  drunk  as  a  bever- 
age, any  intoxicating  liquors  upon  Sunday,  the  Fourth  of  July,  the  first 
day  of  January,  the  twenty-fifth  day  of  December,  commonly  called 
Christmas,  Thanksgiving  Day,  as  designated  by  proclamation  of  the 
governor  of  this  state,  or  the  president  of  the  United  States,  or  any  legal 
holiday;  or  upon  the  day  of  any  state,  county,  township  primary,  or 
municipal  election  in  the  city,  town  or  township  where  the  same  may 
be  holden,  until  the  polls  are  closed,  or  in  the  cities  of  the  first  and 
second  class,  between  the  hours  of  12  o'clock  midnight  and  5  o'clock 
a.m.  or  in  any  other  cities  between  the  hours  of  11  o'clock  p.  m.  and 
5  o'clock  a.  m.  or  in  any  other  place  in  the  stat<^  between  the  hours  of 
10  o'clock  p.  m.  and  5  o'clock  a.  m.,  shall,  on  conviction  thereof,  be 
fined  not  less  than  ten  dollars  nor  more  than  fifty  dollars,  to  which  may 
be  added  imprisonment  in  the  county  jail  or  workhouse  not  more  than 
sixty  days.     (Acts  1911,  p.  244.     R.  S.  1914,  §8323.) 


PRESIDENTIAL  ELECTORS 

AND 

ELECTION  OF  U.  S.  SENATORS 


I  ■!    > 


SBC. 

SEC. 

350. 

When  chosen. 

358. 

351. 

Notice — How  and  by  whom  given. 

359. 

3n2. 

Certificate  to  marshal. 

860. 

353. 

Return— Districts. 

361. 

354. 

Duty  of  governor. 

355. 

Affidavit  of  marshal. 

356. 

Deputy  marshals — Vacancies. 

362. 

357. 

Duties    of    marshal    and    secretary    of 
state. 

363. 

CHAPTER  V. 
PRESIDENTIAL  ELECTORS. 

Meeting  of  electors — Vacancies. 

Vote  of  electors. 

Pay  of  electors  and  marshals. 

Temporary  method  for  nominating 
and  electing  United  States  sen- 
ators. 

Method  of  election  now  in   force. 

Limitation. 

[1  R.  S.  1852,  p.  516.     Approved  May  20,  1852.     In  force  May  6,  1858.] 

350.  When  Chosen. 

1.  The  qualified  electors  of  the  state  shall,  on  Tuesday  following 
the  first  Monday  in  November,  in  the  year  1852,  and  on  Tuesday  follow- 
ing the  first  Monday  in  November  in  every  fourth  year  thereafter,  elect 
electors  of  president  and  vice-president  of  the  United  States;  which  elec- 
tion shall,  in  all  respects,  be  governed  by  the  law  regulating  general 
elections.  (R.  S.  1908  and  1914,  §7112;  R.  S.  1901,  §6340;  R.  S.  1897, 
§6642;  R.  S.  1894,  §6340;  R.  S.  1881,  §4769.) 

351.  Notice — How  and  by  Whom  Given. 

2.  The  sheriff  of  each  county  shall  give  notice  of  the  time  of 
holding  such  elections,  together  with  the  number  of  electors  to  be  elected, 
by  publishing  such  notice  in  some  newspaper  within  the  county  or  by 
written  or  printed  notices  to  be  set  up  at  the  usual  places  of  holding 
elections  in  the  respective  townships,  at  least  twenty  days  preceding 
the  tim.e  of  holding  such  elections.  (R.  S.  1908  and  1914,  §7113;  R.  S. 
1901,  §6341;  R.  S.  1897,  §6643;  R.  S.  1894,  §6341;  R.  S.  1881,  §4770.) 

352.  Certificate  to  Marshal. 

3.  Boards  of  elections  in  the  several  townships  or  precincts  shall 
make  out  certificates,  under  their  hands,  certifying  in  words,  the  num- 
ber of  votes  that  each  person  received  for  elector;  and  the  same  shall  be 
attested  by  the  clerks  of  said  election;  sealed  in  the  presence  of  such 
judges,  and  put  in  the  hands  of  the  selected  judges,  who  shall,  on  the 
ensuing  Thursday,  deliver  the  same  to  the  clerk  of  the  circuit  court,  or 
in  his  absence,  to  his  deputy,  or  in  their  absence,  to  the  sheriff,  who 
shall,  in  the  presence  of  such  judges  in  attendance,  between  the  hours 
of  twelve  and  six,  of  said  day,  compare  the  different  returns,  and  make 
out,  in  words,  a  certificate  of  the  number  of  votes  each  candidate  for 
elector  received  in  the  county;  which  certificate  shall  be  signed  by  the 
clerk,  deputy,  or  sheriff  officiating,  and  be  sealed  with  the  seal  of  the 
circuit  court  of  the  city,  and  delivered  by  such  clerk,  deputy,  or  sheriff 
to  the  marshal  appointed  to  convey  the  same  to  the  seat  of  government. 
(R.  S.  1908  and  1914,  §7114;  R.  S.  1901,  §6342;  R.  S.  1897,  §6644;  R.  S. 
1894,  §6342;  R.  S.  1881,  §4771.) 

(251) 


252 

353.  Return-Districts. 

4.  Each  congressional  district  shall  compose  one  return  district, 
and  shall  be  numbered  as  the  districts  are  numbered  when  the  votes  are 
taken.  (R.  S.  1908  and  1914,  §7115;  R.  S.  1901,  §6343;  R.  S.  1897,  §6645; 
R.  S.  1894,  §6343;  R.  S.  1881,  §4772.) 

354.  Duty  of  Governor. 

5.  The  governor  shall,  before  the  first  day  of  October  in  each  year 
in  which  such  election  is  to  be  held,  appoint  some  citizen  in  each  district 
as  marshal,  w^ho  shall  hold  his  office  until  the  duties  required  of  him  by 
this  act  are  performed.  (R.  S.  1908  and  1914,  §7116;  R.  S.  1901,  §6344; 
R.  S.  1897,  §6646;  R.  S.  1894,  §6344;  R.  S.  1881,  §4773.) 

355.  Affidavit  of  Marshal. 

6.  Each  marshal,  before  the  first  Monday  in  November  following, 
shall  make  an  affidavit  on  the  back  of  his  appointment  that  he  will, 
without  fraud  or  delay,  perform  the  duties  required  of  him  by  this  act. 
(R.  S.  1908  and  1914,  §7117;  R.  S.  1901,  §6345;  R.  S.  1897,  §6647;  K.  S. 
1894,  §6345;  R.  S.  1881,  §4774.) 

356.  Deputy  Marshals — Vacancies. 

7.  Such  marshals  may  appoint  deputies,  who  shall  make  the  same 
affidavit  on  the  back  of  their  appointments  as  is  required  of  marshals; 
and  vacancies  occurring  in  the  office  of  marshal,  by  removal  from  the 
state  or  otherwise,  shall  be  filled  by  the  judge  of  the  circuit  court  of  the 
county  in  which  such  marshal  resided.  (R.  S.  1908  and  1914.  §7118; 
R.  S.  1901,  §6346;  R.  S.  1897,  §6648;  R.  S.  1894,  §6346;  R.  S.  1881, 
§4775.) 

357.  Duties  of  Marshal  and  Secretary  of  State. 

8.  Each  marshal  or  his  deputy  shall  visit  the  county  seat  of  the 
counties  in  his  district,  receive  the  returns  thereof  from  the  clerks, 
deputies,  or  sheriffs  officiating,  and  deliver  the  same,  on  the  fourth 
Monday  in  November  following,  between  the  hours  of  nine  and  eleven 
of  said  day,  to  the  secretary  of  state,  who,  in  the  presence  of  the 
governor  and  all  the  marshals  in  attendance,  between  the  hours  of  twelve 
and  six  o'clock  on  said  day,  shall  compare  such  certificates  and  read 
aloud  the  number  of  votes  each  person  has  received,  and  make  out  an 
abstract  of  the  persons  voted  for,  and  the  number,  in  words,  of  votes 
given  to  each;  and  the  governor  shall  forthwith  make  out  and  transmit, 
by  mail,  to  the  persons  having  the  highest  number  of  votes,  certificates 
of  their  election.  But,  if  more  than  the  number  of  persons  to  be  elected 
have  the  greatest  and  an  equal  number  of  votes,  then  the  election  of 
those  having  an  equal  number  of  votes  shall  be  declared  by  lot,  drawn 
by  the  secretary  of  state  in  the  presence  of  the  governor  and  marshals. 
(R.  S.  1908  and  1914,  §7119;  R.  S.  1901,  §6347;  R.  S.  1897,  §6649;  R.  S. 
1894,  §6347;  R.  S.  1881,  §4776.) 

358.  Meeting  of  Electors — Vacancies. 

9.  Such  electors  shall  assemble  in  the  chamber  of  the  house  of 
representatives,  on  the  first  Monday  in  December,  or  such  other  day  as 


253 

may  be  fixed  by  congress  to  elect  such  president  and  vice-president, 
at  the  hour  of  ten  o'clock^  a.  m.,  and  the  governor  shall  then  and  there 
deliver  to  the  electors  present  a  certificate  of  the  names  of  all  the  electors; 
and  if  any  elector  fail  to  appear  before  eleven  in  the  morning  of  said 
day,  the  electors  present  shall  by  ballot,  by  a  majority  of  all  present, 
fill  such  vacancy;  which  election  shall  be  forthwith  certified  by  a  ma- 
jority of  the  electors  to  the  governor,  who  shall  immediately  notify  such 
person  of  his  election.  (R.  S.  1908  and  1914,  §7120;  R.  S.  1901,  §6348; 
R.  S.  1897,  §6650;  R.  S.  1894,  §6348;  R.  S.  1881,  §4777.) 

1.  By  an  act  of  congress  the  electors  meet  now  on  the  second 
Monday  in  January  next  following  their  appointment  (or  election)  at  the 
place  where  the  legislature  meets.  2  R.  S.  U.  S.,  p.  527;  24  U.  S.  at 
Large  373. 

359.  Vote  of  Electors. 

10.  Such  electors,  when  so  assembled,  and  such  vacancies  are  so 
filled,  shall  then  and  there  proceed  to  vote,  by  ballot,  for  president  and 
vice-president  of  the  United  States,  and  perform  the  duties  required  by 
the  constitution  and  laws  of  the  United  States.  (R.  S.  1908  and  1914, 
§7121;  R.  S.  1901,  §6349;  R.  S.  1897,  §6651;  R.  S.  1894,  §6349;  R.  S. 
1881,  §4778.) 

360.  Pay  of  Electors  and  Marshals. 

11.  The  compensation  of  such  electors  and  marshals  shall  be  audited 
by  the  auditor  of  state,  and  paid  by  the  state  treasurer  out  of  any 
moneys  not  otherwise  appropriated,  as  follows,  to-wit:  Such  electors 
as  attend  shall  receive  the  same  per  diem  and  mileage  as  members  of 
the  general  assembly;  each  marshal  shall  be  allowed  ten  cents  for  every 
mile  he  shall  travel  in  collecting  said  returns,  and  in  going  to  and  from 
the  seat  of  government,  to  be  computed  by  the  nearest  and  most  usual 
route  from  county  seat  to  county  seat,  and  to  the  seat  of  government 
to  and  from  the  county  seat  of  the  county  in  which  he  resides.  (R.  S. 
1908  and  1914,  §7122;  R.  S.  1901,  §6350;  R.  S.  1897,  §6652;  R.  S.  1894, 
$6350;  R.  S.  1881,  §4779.) 

[Public— No.  Ill— 63d  Congress.] 

[S.  2860.] 

An  act  providing  a  temporary  method  of  conducting  the  nomination 
and  election  of  United  States  senators. 

361.  Temporary  Nomination  and  Election  of  United  States  Senators. 

Be  it  enacted  by  the  senate  and  house  of  representatives  of  the 
United  States  of  America  in  congress  assembled.  That  at  the  regular 
election  held  in  any  state  next  preceding  the  expiration  of  the  term  for 
which  any  senator  was  elected  to  represent  such  state  in  congress,  at 
which  election  a  representative  to  congress  is  regularly  by  law  to  be 
chosen,  a  United  States  senator  from  said  state  shall  be  elected  by  the 
people  thereof  for  the  term  commencing  on  the  fourth  day  of  March 
next  thereafter.     (Sec.  15  Barnes  Federal  Code.) 


254 

362.  Method  of  Election  Not  Now  in  J^orce. 

2.  That  in  any  state  wherein  a  United  States  senator  is  hereafter 
to  be  elected  either  at  a  general  election  or  at  any  special  election 
called  by  the  executive  authority  thereof  to  fill  a  vacancy,  until  or 
unless  otherwise  specially  provided  by  the  legislature  thereof,  the  nomi- 
nation of  candidates  for  such  office  not  heretofore  made  shall  be  made, 
the  election  to  fill  the  same  conducted,  and  the  result  thereof  determined, 
as  near  as  may  be  in  accordance  with  the  laws  of  such  state  regulating 
the  nomination  of  candidates  for  and  election  of  members  at  large  of 
the  national  house  of  representatives:  Provided,  That  in  case  no  pro- 
vision is  made  in  any  state  for  the  nomination  or  election  of  representa- 
tives at  large,  the  procedure  shall  be  in  accordance  with  the  laws  of  such 
state  respecting  the  ordinary  executive  and  administrative  officers  thereof 
who  are  elected  by  the  vote  of  the  people  of  the  entire  state:  And  pro- 
vided further,  That  in  any  case  the  candidate  for  senator  receiving  the 
highest  number  of  votes  shall  be  deemed  elected.  (Sec.  16  Barnes 
Federal  Code.) 

Note:  This  section  now  expired  by  limitation,  see  Sec.  363  ante 
—  6  pp. 

363.  Limitation. 

3.  That  section  two  of  this  act  shall  expire  by  limitation  at  the  end 
of  three  years  from  the  date  of  its  approval.  (Approved  June  4,  1914, 
Sec.  17,  Barnes  Federal  Code.) 


CHAPTER  VI. 

ELECTION   OF   UNITED   STATES   SENATORS   AND 
APPOINTMENT  FOR  UNEXPIRED  TERM. 

SEC.  SEC. 

364.  United   States  senators — Election.  368.  Governor — Certificate  of  election. 

865.  Election   laws  to   govern.  369.  Vacancy — How  filled. 

366.  Clerk  circuit  court — Duties.  370.  Election  notice. 

367.  Secretary  of  state — Duties. 

[Approved  February  9,  1915.] 

364.  United  States  Senators — Election. 

1.  That  on  the  first  Tuesday  after  the  first  Monday  in  November, 
1916,  and  every  six  years  thereafter,  and  on  the  first  Tuesday  after 
the  first  Monday  in  November,  1920,  and  every  six  years  thereafter, 
there  shall  be  elected  by  the  qualified  electors  of  the  state  a  senator  of 
the  United  States,  for  the  term  beginning  on  the  fourth  day  of  March 
next  succeeding  such  election.     (Sec.  6874a,  R.  S.  1921.) 

365.  Election  Laws  to  Govern. 

2.  The  election  of  senators  of  the  United  States  and  the  nomination 
of  candidates  therefor  shall  in  every  respect,  except  as  herein  otherwise 
provided,  be  governed  by  the  laws  governing  the  election  and  nomination 
of  state  officers.     Sec.  6874b,  R.  S.  1921.) 


255 

366.  Clerk  Circuit  Court— Duties. 

3.  Whenever  there  shall  have  been  at  any  election  an  election  of 
senator  of  the  United  States,  the  clerk  of  the  circuit  court,  in  each  of 
the  several  counties  shall  make  out,  certify,  seal  and  transmit  to  the 
secretary  of  state,  in  like  time  and  manner  as  is  provided  by  law  in  the 
case  of  representatives  in  congress,  a  statement  of  the  number  of  votes 
given  to  each  person  for  senator.     (Sec.  6874c,  R.  S.  1921.) 

367.  Secretary  of  State — Duties. 

4.  The  secretary  of  state  shall  compare  and  estimate  the  votes 
given  for  senator  of  the  United  States,  and  shall  in  like  manner  as  are 
now  prescribed  by  law  in  case  of  elections  of  representatives  in  congress, 
certify  to  the  governor  the  name  of  the  person  having  the  highest  num- 
ber of  votes  as  duly  elected  senator  of  the  United  States.  (Sec.  6874d, 
R.  S.  1921.) 

368.  Governor — Certificate  of  Election. 

5.  The  governor  shall,  upon  receipt  of  the  certificate  from  the 
secretary  of  state  as  hereinbefore  provided,  give  to  the  person  whose 
name  is  so  certified  as  having  been  duly  elected  senator  of  the  United 
States,  a  certificate  of  election  sealed  with  the  seal  and  attested  by  the 
secretary  of  state.     (Sec.  6874e,  R.  S.  1921.) 

369.  Vacancy— How  Filled. 

6.  When,  for  any  cause  whatsoever,  a  vacancy  occurs  in  the  repre- 
sentation of  the  State  of  Indiana  in  the  senate  of  the  United  States, 
the  same  shall  be  filled  forthwith  by  the  governor  who  shall  have  power 
to  appoint  to  fill  such  vacancy,  some  suitable  person  possessing  the 
qualification  necessary  for  senator.  The  person  so  appointed  shall  hold 
office  until  the  next  regular  election  of  state  officers  when  such  vacancy 
shall  be  filled  by  the  election  of  a  senator  who  shall  hold  office  for  the 
unexpired  term.     (Sec.  6874f,  R.  S.  1921.) 

370.  Election  Notice. 

7.  Whenever  there  is  to  be  elected  at  a  regular  state  election,  a 
person  to  fill  an  unexpired  term  of  senator  of  the  United  States,  the 
governor  shall,  not  less  than  thirty  days  preceding  said  election,  issue 
his  writs  to  the  sheriff  of  the  several  counties  in  manner  as  prescribed 
by  law  for  special  elections  not  otherwise  provided  for,  and  the  sheriffs 
who  receive  such  writs  shall  give  notice  of  such  election  in  like  manner 
as  in  the  case  of  regular  elections.  Such  elections  of  senators  shall  be 
conducted,  returned,  certified  and  canvassed  and  certificates  shall  issue 
under  the  provisions  of  the  election  laws  of  the  state  so  far  as  the  same 
are  applicable.     (Sec.  6874g,  R.  S.  1921.) 


VOTING  MACHINES 


17—22129  (257) 


SEC. 

SKC. 

:i71. 

Commission. 

386. 

■■!72. 

Examine  machines — Report. 

387. 

:;73. 

Construction  and  arrangement  of  ma- 

388. 

chine. 

389. 

374. 

Purchasing  machines. 

390. 

375. 

Paying  for  machines. 

391. 

376. 

Penalty  for  bribe. 

392. 

377. 

School  commissioners. 

393. 

378. 

Election  rooms. 

379. 

Illiterate  voter. 

394. 

380. 

Ballot  label. 

381. 

Sample  ballots. 

395. 

382. 

Duties  of  inspectors. 

396. 

383. 

Irregular  ballots. 

397. 

384. 

Conduct  of  voter. 

398. 

385. 

Announcement  of  result.     . 

CHAPTER  VII. 
VOTING  WITH  MACHINES. 

Locking  of  machine. 

Recording  roll. 

Custody  of  keys. 

Laws  applicable. 

Officers — Neglect  of  duty — Penalties. 

Injuring  machine  or  ballots. 

Fqlse  affidavit. 

Using  distinguishing  marks — Penal- 
ties. 

Officers  tampering  with  machine — 
Penalty. 

False  returns — Penalty. 

Cities  and  towns  may  use  machines. 

Experimental  use. 

Printing  ballots,  when. 

[Acts  1901,  p.  591.    Approved  and  in  force  March  15,  1901.] 

371.  Commission. 

1.  There  is  hereby  constituted  a  body  to  be  known  as  the  Indiana 
voting  machine  commission.  It  shall  consist  of  three  members,  compe- 
tent and  responsible  persons,  one  of  whom  shall  be  a  mechanical  expert, 
not  more  than  two  of  whom  shall  be  members  of  the  same  political 
party,  and  none  of  whom  shall  have  any  pecuniary  interest  in  any  voting 
machine.  Their  term  of  office  shall  be  four  years  from  date  of  appoint- 
ment. They  and  their  successors  shall  be  appointed  by  the  governor,  who 
shall  have  power  to  remove  a  commissioner  at  any  time  and  to  fill  all 
vacancies.  The  first  commissioner  shall  be  appointed  within  thirty  days 
after  the  taking  effect  of  this  act.  The  commissioners  shall  qualify  by 
taking  an  oath  in  writing  to  support  the  constitution  of  the  United  States 
and  of  the  State  of  Indiana,  and  to  faithfully  and  honestly  discharge  their 
duties  and  filing  same  in  the  office  of  the  auditor  of  state,  and  all  such 
examinations  shall  be  public.  (R.  S.  1908  and  1914,  §7021;  R.  S.  1901, 
§6326.) 

372.  Examine  Machines — Report. 

2.  Any  person  or  corporation  owning  or  being  interested  in  any 
voting  machine  may  apply  to  said  commissioner  to  examine  such  machine 
and  report  on  its  accuracy,  efficiency  and  capacity.  The  commissioners 
shall  examine  the  machine  and  make  and  file  a  report  thereon  in  the 
office  of  the  secretary  of  state.  They  shall  state  in  the  report  whether 
the  kind  of  machine  so  examined  complies  with  the  requirements  of  this 
act  and  can  be  safely  used  by  voters  at  elections  under  the  conditions 
prescribed  in  this  act.  If  the  report  be  in  the  affirmative  upon  said 
question,  the  machine  shall  be  deemed  approved  by  the  commission,  and 
machines  of  its  kind  may  be  adopted  for  use  at  elections  as  herein  pro- 
vided. When  the  machine  has  been  so  approved,  any  improvement  or 
change  that  does  not  impair  its  accuracy,  efficiency  or  capacity  shall  not 
1  ender  necessary  a  re-examination  or  re-approval  thereof.  Any  form  of 
voting  machine  not  so  approved  can  not  be  used  at  any  election.     Each 

(259) 


260 

commissioner  shall  be  entitled  to  fifty  dollars  $50)  for  his  compensation, 
and  expenses,  in  making  such  examination  and  report,  to  be  paid  by 
the  person  or  corporation  applying  for  such  examination,  which  may  be 
demanded  in  advance  of  making  the  examination.  The  commission  may, 
if  it  consents  to  do  so,  go  to  any  point  in  the  state  for  the  purpose  of 
examining  a  machine,  but  it  shall  not  be  compelled  to  make  such  exami- 
nation at  any  place  other  than  the  capital  of  the  state.  (R.  S.  1908  and 
1914,  §7022;  R.  S.  1901,  §6327.) 

373.     Construction  and  Arrangement  of  Machine. 

3.  No  machine  shall  be  approved  by  the  commissioners  unless  it  be 
so  constructed  as  that  it  affords  each  elector  an  opportunity  to  vote  in 
absolute  secrecy;  to  vote  a  straight  party  ticket,  or  part  of  one  party 
ticket  and  part  of  another  or  other  party  tickets;  to  vote  for  all  candi- 
dates for  whom  he  is  entitled  to  vote,  and  prevents  him  from  voting  for 
any  candidate  more  than  once;  that  prevents  the  elector  from  voting  for 
more  than  one  person  for  the  same  office  unless  he  is  lawfully  entitled 
to  vote  for  more  than  one  person  therefor,  and  in  that  event  permits 
him  to  vote  for  as  many  persons  for  that  office  as  he  is  by  law  entitled, 
and  no  more;  and  that  such  machine  will  correctly  register  by  means  of 
mechanical  counters  every  vote  cast  on  the  regular  tickets  thereon;  that 
the  machine  shall  be  provided  with  seven  pairs  of  "yes"  or  "no"  count- 
ers with  the  operating  or  voting  devices  therefor,  and  shall  have  the 
capacity  to  contain  the  tickets  of  seven  political  parties  with  the  names 
of  all  candidates  thereon,  except  that  it  may  be  so  constructed  that  the 
names  of  all  candidates  for  presidential  electors  will  not  occur  thereon, 
but  in  lieu  thereof  one  ballot  labeled  in  each  party  columns  or  rows  shall 
contain  the  words  "Presidential  Electors"  preceded  by  the  party  name; 
and  every  vote  registered  for  such  ballot  label  shall  operate  as  a  vote 
for  all  candidates  of  such  party  for  presidential  electors  and  shall  be 
counted  as  such;  and  that  all  votes  cast  on  the  machine  on  a  regular 
ballot  or  ballots  shall  be  registered.  It  shall  also  be  so  constructed  as 
that  any  elector  may  by  means  of  irregular  ballots  or  otherwise  vote 
for  any  person  for  any  office,  although  such  person  may  not  have  been 
nominated  by  any  party  and  his  name  may  not  appear  on  such  machine; 
and  that  when  a  person  is  voted  for  for  any  such  office,  when  name  does 
not  appear  on  the  machine,  the  elector  can  not  vote  for  any  name  on  the 
machine  for  the  same  office.  It  shall  be  so  constructed  as  that  each 
elector  may  readily  understand  and  understandingly  and  within  the 
period  of  one  minute  cast  his  vote  for  all  candidates  of  his  choice.  In 
case  the  machine  is  so  constructed  as  that  the  candidates  for  presiden- 
tial electors  of  any  party  can  only  be  voted  for  by  voting  for  the  ballot 
label  containing  the  words  "Presidential  Electors,"  it  must  be  so  con- 
structed as  that  by  voting  an  irregular  ticket  as  hereinafter  defined,  the 
elector  may  vote  for  any  person  or  persons  he  may  choose  for  presiden- 
tial electors.  The  machine  must  be  provided  with  a  lock  or  locks,  by  the 
use  of  which  any  movement  of  the  voting  or  registering  mechanism  is 
absolutely  prevented,  and  so  that  it  can  not  be  tampered  with  or  manipu- 
lated for  any  fraudulent  purpose;  and  the  machine  must  be  susceptible 
of  being  so  closed  during  the  progress  of  the  voting  as  that  no  person 


Jj 


261 

can   see  or  know   the  number  of  votes   registered  for  any   candidate. 
(R.  S.  1908  and  1914,  §7028;  R.  S.  1901,  §6328.) 

374.     Purchasing  Machines. 

4.     The  board  of  commissioners  of  every  county  in  this  state   in 
which  is  located  a  city  having  a  population  of  thirty-six  thousand  or 
more,  according  to  the  last  preceding  United  States  census,  shall  and  the 
board  of  commissioners  of  all  other  counties  in  this  state  may,  adopt  and 
purchase  or  procure  for  use  in  the  various  precincts  of  the  county,  any 
voting  machine  approved  in  the  manner  above  set  forth  in  this  act  by 
the  voting  machine  commission,  and  none  others:    Provided,  That  the 
board  of  commissioners  shall  purchase  or  procure  no  voting  machine 
unless  the  party  or  parties  selling  it  shall  guarantee,  in  writing,  to  keep 
the  machine  in  working  order  for  not  less  than  five  (5)  years  without 
additional  cost  to  the  county,  and  give  a  bond  conditional  to  that  effect; 
but  it  shall  be  the  duty  of  such  board  of  commissioners  to  adopt  and 
purchase  or  procure  no  such  machine  unless  they  are  themselves  satis- 
fied that  it  complies  with  the   requirements  of  section  3  of  this  act; 
and  that  it  is  thoroughly  reliable  and  correct  in  its  operation,  readily 
understood  and  operated,  can  not  be  fraudulently  manipulated,  and  will 
unquestionably  maintain  the  secrecy  of  the  ballot.    If  it  shall  be  impos- 
sible to  supply  each  and  every  election  district  with  a  voting  machine, 
or  voting  machines,  at  any  election  following  the  adoption  of  such  ma- 
chines in  a  county,  as  many  may  be  supplied  as  it  is  possible  to  procure, 
and  the  same  shall  be  used  in  such  precincts  of  the  county  as  the  board 
of  commissioners  shall  order.     The  precincts  in  which  voting  machines 
are  used  shall  contain  as  near  as  practical  six  hundred  voters:     Pro- 
vided, That  number  of  voters  may  be  reduced  in  country  precincts  at  the 
discretion  of  the  county  commissioners.     The  boundaries  of  such  pre- 
cincts shall  be  established  by  the  board  of  commissioners  not  later  than 
their  regular  June  session  of  the  year  in  which  a  general  election  occurs 
in  this  state,  and  the  order  of  the  board  of  commissioners  for  the  use 
of  voting  machines  in  such  precincts  shall  be  made  at  the  same  time  that 
the   boundaries   are   so   established;    and   said  boundaries   shall   not  be 
changed,  nor  said  order  rescinded,  after  such  June  session  of  the  board 
of  commissioners  until  after  the  next  ensuing  general  election:     Pro- 
vided, That  if  for  any  reason,  it  should  turn  out  to  be  impossible  to 
obtain  machines  for  use  in  such  precincts,  then  the  same  may  be  pro- 
vided or  changed  so  as  to  conform  to  the  law  with  reference  to  pre- 
cincts in  which  machines  are  not  used;  and  the  notice  of  such  division 
or  change  shall  be  given  in  the  manner  prescribed  by  law  for  notices  of 
change  of  precinct  boundaries;  and.  Provided  further,  That  if  the  board 
of  county  commissioners  shall  have  on  hand,  and  certainly  ready  for  use 
at  the  election,  more  machines  than  precincts  have  been  provided  for, 
they  may,  at  any  regular  or  special  session  not  later  than  the  first  day 
of  September  in  any  year  in  which  a  general  election  is  held,  unite  two 
or  more  precincts  into  one  for  the  purpose  of  using  therein  at  such 
election  a  voting  machine  and  notice  of  such  uniting  shall  be  given  in 
the  manner  prescribed  by  law  for  notice  of  change  in  the  precinct  boun- 
daries.   And  the  order  for  use  of  machines  in  such  united  precincts  shall 


262 

be  made  by  the  board  of  county  commissioners  at  the  time  such  precincts 
are  united.  The  board  of  county  commissioners  shall  have  the  care  and 
custody  of  all  machines  while  not  in  use.  (R.  S.  1908  and  1914,  §7024; 
Acts  1903,  p.  278;  R.  S.  1505,  §6329.) 

375.  Paying  for  Machines. 

5.  Payment  for  voting  machines  purchased  or  procured  may  be 
provided  for  in  such  manner  as  is  deemed  best  for  the  interests  of  the 
county.  Money  may  be  borrowed  for  the  purpose,  and  bonds  or  other 
evidences  of  indebtedness  of  the  county  be  issued  and  sold  in  the  same 
manner  and  upon  the  authority  prescribed  by  law.  (R.  S.  1908  and  1914, 
§7025;  Acts  1913,  p.  278;  R.  S.  1905,  §6330.) 

376.  Penalty  for  Bribe. 

8.  Any  member  of  any  board  of  county  commissioners  of  any  county 
who  shall  receive  or  accept,  directly  or  indirectly,  any  money,  property 
or  other  thing  of  value  for  his  influence,  vote  or  action  in  connection 
with  the  purchase  of  any  voting  machine  or  voting  machines  by  such 
county  from  any  person,  firm  or  corporation  shall  be  fined  in  a  sum  not 
to  exceed  three  thousand  ($3,000)  dollars,  to  which  may  be  added  impris- 
onment in  the  state's  prison  for  a  term  of  two  to  four  years  and  shall 
be  disfranchised  for  a  period  of  ten  years.  (R.  S.  1908  and  1914, 
§7026;  Acts  1903,  p.  278;  R.  S.  1905,  §6330a.) 

377.  School  Commissioners. 

4.  In  the  election  in  which  there  shall  be  school  commissioners  to 
be  elected,  the  proper  board  of  election  commissioners  shall  arrange  the 
names  of  candidates  for  school  commissioners  in  order  on  the  several 
machines  in  such  a  way,  as  far  as  possible,  that  the  name  of  each  candi- 
date shall  appear  at  the  head  of  the  column  of  this  term  of  office  as 
often  as  that  of  any  other  such  candidate  shall  so  appear,  and  in  second, 
third  and  fourth  place,  and  each  succeeding  place,  a  like  number  of  times. 
(R.  S.  1908  and  1914,  §7027;  R.  S.  1905,  §6330b.) 

378.  Election  Rooms. 

6.  The  room  in  which  the  election  is  held  shall  have  a  railing 
separating  the  part  of  the  room  to  be  occupied  by  the  election  board 
from  the  part  of  the  room  occupied  by  the  voting  machine.  The  exterior 
of  the  voting  machine  and  every  part  of  the  polling  place  shall  be  in. 
plain  view  of  the  election  board.  The  machine  shall  be  so  placed  as 
that  no  person  on  the  opposite  side  of  the  railing  can  see  or  determine 
how  the  voter  casts  his  vote.  And  that  no  person  can  see  or  determine 
from  the  outside  of  the  room.  After  the  opening  of  the  polls  neither 
the  inspector  nor  any  judge  of  the  election  shall  allow  any  person  to 
pass  within  the  railing  to  the  part  of  the  room  where  the  machine  is 
situated,  except  for  the  purpose  of  voting,  except  as  provided  in  the 
next  succeeding  section  of  this  act;  and  they  shall  not  permit  more  than 
one  voter  at  a  time  to  be  in  such  part  of  the  room.  They  shall  not 
themselves  remain  or  permit  any  person  to  remain  in  any  position  or 
near  any  position  that  would  permit  him  to  see  or  ascertain  how 


1 


263 

voter  votes  or  how  he  has  voted.  No  voter  shall  remain  within  the  voting 
booth  or  compartment  longer  than  one  minute,  and  if  he  should  refuse 
to  leave  it  after  the  lapse  of  that  time,  he  shall  at  once  be  removed  by 
the  election  board  or  election  sheriff  or  sheriffs  upon  order  of  the  board. 
(R.  S.  1908  and  1914,  §7028;  R.  S.  1901,  §6331.) 

379.  Illiterate  Voter. 

7.  If  any  voter  shall  in  the  presence  of  the  election  board  make  affi- 
davit in  writing  that  he  is  unable  to  read  the  English  language  or  that 
by  reason  of  physical  disability,-  setting  out  the  particulars  in  which  said 
physical  disability  exists,  he  is  unable  to  register  his  vote  upon  the 
machine,  he  shall  be  accompanied  into  the  voting  booth  by  both  of  the 
election  clerks,  and  there  declare  his  choice  of  candidate  to  such  clerks, 
who,  in  his  presence  and  in  the  presence  of  each  other,  shall  register 
his  vote  upon  the  machine  for  the  candidates  of  his  choice. 

Any  poll  clerk  or  poll  clerks  who  shall  deceive  any  elector  in  register- 
ing his  vote  under  this  section,  or  who  shall  register  his  vote  in  any  other 
way  than  as  requested  by  such  person  or  who  shall  give  information  to 
any  person  as  to  what  ticket  or  for  what  person  or  persons  such  person 
voted,  shall  be  guilty  of  a  felony,  and  on  conviction  shall  be  imprisoned 
in  the  penitentiary  not  more  than  five  nor  less  than  two  years,  and  dis- 
franchised for  any  determinate  period  not  less  than  five  years.  (R.  S. 
1908  and  1914,  §7029;  R.  S.  1901,  §6332.) 

380.  Ballot  Label. 

8.  That  portion  of  cardboard,  paper,  or  other  material,  placed  on 
the  front  of  the  machine  containing  the  names  of  the  candidates,  or  a 
statement  of  a  proposed  constitutional  amendment  or  other  question  or 
proposition  to  be  voted  on,  shall  be  known  in  this  act  as  a  ballot  label. 
The  ballot  label  shall  be  caused  to  be  printed  and  shall  be  furnished 
by  the  county  board  of  election  commissioners,  and  shall  be  printed  in 
black  in  ink  on  clear  white  material  of  such  size  as  will  fit  the  machine, 
and  in  plain,  clear  type  as  the  space  will  reasonably  permit.  The  party 
device  for  such  political  party,  which  has  been  adopted  in  accordance 
with  law,  and  the  party  name  or  other  designation  shall  be  prefixed  to 
the  list  of  condidates  of  such  party.  (R.  S.  1908  and  1914,  §7030;  R.  S. 
1901,  §6333.) 

381.  Sample  Ballots. 

9.  The  state  board  of  election  commissioners  shall  cause  to  be 
printed,  for  the  use  of  the  county  board  of  election  commissioners  of  the 
several  counties  of  the  state  five  sample  ballots,  which  shall  be  exact 
copies  of  the  official  ballots  which  are  caused  to  be  printed  by  them,  but 
on  different  colored  paper  from  the  official  ballots;  said  sample  ballots 
shall  be  enclosed  in  a  separate  wrapper  or  envelope  from  that  of  other 
papers  delivered  by  the  state  board  of  election  commissioners  to  the  clerk 
of  the  circuit  court  or  his  messenger,  and  shall  be  directed  to  the  county 
board  of  election  commissioners;  and  they  shall  be  delivered  to  the  clerk 
of  the  circuit  court  or  other  messenger  who  carries  the  official  ballots 
from  the  state  board  of  election  commissioners  to  the  county,  and  shall 


•  264 

be  by  him  carried  to  the  office  of  the  clerk  of  the  circuit  court  of  the 
county  and  there  deposited  and  kept  until  taken  into  the  custody  of  the 
county  board  of  election  commissioners.  The  county  board  of  commis- 
sioners shall  provide  at  least  five  sample  ballots  for  each  precinct  of  the 
county  in  which  a  voting  machine  is  to  be  used,  which  shall  be  arranged 
in  the  form  of  a  diagram  showing  the  entire  front  of  voting  machine  as 
it  will  appear  after  the  ballot  labels  are  arranged  thereon  for  voting  on 
election  day.  The  party  ticket  on  such  sample  ballots,  the  offices  to  be 
filled  and  the  names  of  the  candidates  thereon,  shall  be  arranged  in  the 
same  order  in  which  they  occur  on  the  official  ballots  printed  under  the 
jurisdiction  respectively  of  the  state  and  county  board  of  election  com- 
missioners, except  where  presidential  electors  are  to  be  voted  for  at  any 
election  and  the  machine  to  be  used  is  not  sufficient  to  carry  the  names 
of  all  the  candidates  for  such  electors,  then  there  may  be  placed  as  the 
first  ballot  label  of  each  party  ticket,  a  ballot  containing  the  words 
"Presidential  Electors,"  preceded  by  the  name  of  the  political  party. 
The  ticket  of  each  political  party  on  such  sample  ballot  shall  be  ar- 
ranged in  the  following  order:  First,  the  state  ticket  or  ticket  voted  for 
by  the  whole  state;  second,  the  county  ticket,  and  third,  the  township 
ticket,  if  any.  In  all  cases  the  ticket  shall  be  arranged  on  the  machine 
for  the  purpose  of  voting  in  exact  accordance  with  the  sample  ballot 
so  furnished  by  the  county  board  of  election  commissioners.  At  least 
three  of  such  sample  ballots  shall  be  posted  by  the  inspector  of  the 
precinct  or  under  his  direction  near  the  entrance  of  the  chute  at  the 
election  precinct,  and  shall  there  be  open  to  public  inspection  during  the 
whole  of  election  day.  In  addition  to  said  sample  ballots  the  board  of 
election  commissioners  may  furnish  in  connection  with  instruction  cards, 
diagrams  of  the  front  of  the  machine  with  ballot  labels  pasted  thereon, 
at  least  two  of  which  shall  also  be  posted  up  near  the  voting  place  if 
furnished.     (R.  S.  1908  and  1914,  §7031;  R.  S.  1901,  §6^334.) 

382.     Duties  of  Inspectors. 

10.  The  inspector  of  each  election  precinct  in  which  a  voting  ma- 
chine is  to  be  used,  shall  appear  at  the  office  of  the  clerk  of  the  circuit 
court  not  more  than  three  nor  less  than  two  days  before  the  election, 
and  there  receive  from  the  county  board  of  election  commissioners  the 
sample  ballots,  three  complete  sets  of  ballot  labels,  and  all  poll  books, 
and  other  supplies  of  whatever  character  necessary  to  conduct  the  elec- 
tion in  his  precinct,  and  make  return  thereof.  The  county  board  of  elec- 
tion commissioners  shall,  before  the  day  of  election,  cause  the  proper 
ballot  labels  to  be  put  upon  each  machine  corresponding  with  the  sample 
ballot  herein  provided  for,  and  the  machine  in  every  way  to  be  put  in 
order,  set  and  adjusted,  ready  for  use  in  voting  when  delivered  at  the 
precinct;  and  for  the  purpose  of  so  labeling  the  machine,  putting  in 
order,  setting  and  adjusting  the  same,  they  may  employ  one  or  more 
competent  persons  and  cause  him  or  them  to  be  paid  out  of  the  county 
treasury  in  the  same  manner  that  other  expenses  incurred  by  said  board 
are  paid.  And  the  board  of  county  commissioners  shall  cause  the  ma- 
chine so  labeled,  in  order,  set  and  adjusted,  to  be  delivered  at  the  voting 
precinct,  together  with  all  necessary  furniture  and  appliances  that  go 


265 

with  the  same  in  the  room  where  the  election  is  to  be  held  in  the  pre- 
cinct, not  later  than  six  o'clock  p.  m.  of  the  day  preceding  the  election. 
After  the  delivery  of  such  machine  and  on  the  same  day  the  inspector 
and  election  judges  of  the  precinct  may  meet  at  said  room,  open  the 
package  containing  the  sample  ballots  and  if  necessary  the  ballot  labels, 
and  see  that  said  machine  is  correctly  labeled,  set  and  adjusted,  ready 
for  use  in  voting;  and  if  the  same  is  not  so  labeled,  set  and  adjusted  and 
in  order,  they  shall  immediately  label,  set  and  adjust  the  same  and  place 
it  in  order  or  cause  it  to  be  done.  On  the  morning  of  the  election  the 
election  board,  including  the  inspector,  judges,  poll  clerks  and  sheriffs, 
if  any,  shall  meet  at  said  room  at  least  one  hour  before  the  time  for 
opening  the  polls.  The  inspector  shall  then  cause  the  chute  on  the  dul- 
side  of  the  building  to  be  erected,  sample  ballots  and  instruction  cards 
to  be  posted,  and  everything  put  in  readiness  for  the  commencement  of 
voting  at  the  hour  of  opening  the  polls.  The  election  boards,  in  the 
presence  of  the  clerks,  shall  compare  the  ballot  labels  on  the  machine 
with  the  sample  ballot,  see  that  they  are  correct,  examine  and  see  that 
all  the  counters  in  the  machine  are  set  at  zero,  and  that  the  machine 
is  otherwise  in  perfect  order,  and  they  shall  not  thereafter  permit  the 
counters  to  be  operated  or  moved  except  by  electors  in  voting,  and  they 
shall  also  see  that  all  necessary  arrangements  and  adjustments  are  made 
for  voting  irregular  ballots  on  the  machine.  (R.  S.  1908  2fnd  1914, 
§7032;  R.  S.  1901,  §6335.) 

383.  Irregular  Ballots. 

10%.  Ballots  voted  for  any  person  whose  name  does  not  appear 
on  the  ballot  label  on  the  machine  as  a  candidate  for  office,  are  herein 
referred  to  as  irregular  ballots.  Where  two  or  more  candidates  are  to 
be  elected  to  the  same  office  the  voting  devices  belonging  to  all  the 
candidates  for  said  offices  shall  be  included  in  a  group  herein  referred 
to  as  a  multicandidate  group.  Except  for  presidential  electors,  and 
except  in  multicandidate  groups,  where  the  irregular  balloting  device 
requires  otherwise,  no  irregular  ballot  shall  be  voted  for  any  person  for 
any  office  whose  name  appears  on  the  ballot  label  on  the  front  of  the 
machine  as  a  candidate  for  that  office;  any  irregular  ballot  so  voted  shall 
not  be  counted.  An  irregular  ballot  must  be  cast  in  its  appropriate  place 
on  the  machine,  or  it  shall  be  void  and  not  counted. 

In  voting  for  presidential  electors  an  elector  may  vote  an  irregular 
ticket,  made  up  of  the  names  of  persons  in  nomination  by  different 
parties  or  partially  of  the  names  of  persons  so  in  nomination  and 
partially  of  persons  not  in  nomination,  or  wholly  of  names  of  persons 
not  in  nomination  by  any  party.  Such  irregular  ballot  shall  be  deposited, 
written  or  affixed  in  or  upon  the  receptacle  or  device  provided  on  the 
machine  for  that  purpose.  (R.  S.  1908  and  1914,  §7033;  R.  S.  1901, 
§6335a.) 

384.  Conduct  of  Voter. 

11.  When  a  voter  has  passed  the  challengers  and  entered  the  elec- 
tion room  he  shall  announce  his  name  to  the  poll  clerks  in  the  presence 
of  the  board  and  each  of  the  poll  clerks  shall  write  his  name  on  the 


266 

poll  book  in  his  possession.  If  not  challenged  by  any  member  of  the 
board,  the  voter  shall  then  be  permitted  to  pass  the  railing  to  the  side 
where  the  machine  is  and  into  the  voting  booth  or  compartment,  and  he 
shall  there  register  his  vote  in  secret.  Having  done  so  he  shall  immedi- 
ately pass  out  and  announce  to  the  clerks  that  he  has  voted,  who  shall 
write  opposite  his  name  "voted,"  and  he  shall  leave  the  room.  Not  more 
than  one  voter  at  a  time  shall  be  permitted  on  the  side  of  the  railing 
where  the  machine  is,  and  not  more  than  one  other  voter  shall  be  per- 
mitted in  the  room  while  he  is  in.  And  not  more  than  one  voter  besides 
the  election  board,  clerks  and  sheriifs,  shall  be  permitted  in  the  room  at 
a  time,  if  any  member  of  the  election  board  objects  thereto.  (R.  S. 
1908  and  1914,  §7034;  R.  S.  1901,  §6335b.) 

385.  Ann6uncement  of  Result. 

12.  As  soon  as  the  polls  of  the  election  are  closed  the  inspector  in 
the  presence  of  the  judges  and  poll  clerks,  shall  immediately  lock  the 
voting  machine  against  voting  and  open  the  counting  compartment,  giv- 
ing full  view  of  all  the  counter  numbers  to  all  members  of  the  election 
board,  including  clerks  and  sheriffs.  The  inspector  shall,  in  the  order  of 
the  offices  as  their  titles  are  arranged  on  the  machine,  read  and  an- 
nounce in  distinct  tones  the  result  as  shown  by  the  counter  numbers, 
and  shall  then  read  the  votes  recorded  for  each  office  on  the  regular 
ballots.  He  shall  also  in  the  same  manner  announce  the  vote  on  each 
constitutional  amendment,  proposition  or  other  question  voted  on.  The 
vote  so  announced  by  the  inspector  shall  be  taken  down  by  each  of  the 
poll  clerks  and  recorded  on  books  or  papers  prepared  for  that  purpose. 
They  shall  record  the  number  of  votes  received  for  each  candidate  on 
the  regular  ticket  and  also  the  number  received  by  each  person  on  the 
irregular  ticket.  The  certificates  of  the  number  of  votes  cast  for  each 
person  shall  be  made  and  signed  as  required  by  law  in  case  of  other 
election  returns,  and  all  statements  of  the  number  of  votes  required  by 
law  in  duplicate,  triplicate  or  otherwise,  shall  be  made  and  signed  by  the 
election  officers.  And  such  certificates  and  other  papers  shall  be  re- 
turned to  the  oQice  of  the  clerk  of  the  circuit  court,  and  to  the  board  of 
canvassers  in  the  same  manner,  under  the  same  regulations  and  penal- 
ties as  are  prescribed  by  law  for  election  returns  from  precincts  in 
which  no  voting  machine  is  used.  (R.  S.  1908  and  1914,  §7035;  R.  S. 
1901,  §6335c.) 

386.  Locking  Machine. 

13.  The  inspector  as  soon  as  the  count  is  complete  and  fully 
ascertained  as  in  this  act  required,  shall  close  and  lock  the  machine 
against  voting  or  being  tampered  with,  and  it  shall  so  remain  for  a 
period  of  at  least  thirty  days.  When  irregular  ballots  have  been  voted 
the  inspector  shall  return  all  of  such  ballots  in  a  properly  secured 
sealed  package,  endorsed  "irregular  ballots,"  and  indicating  the  precinct 
and  county  and  file  such  package  with  the  clerk  of  the  circuit  court.  It 
shall  be  preserved  for  six  months  after  such  election,  and  may  be  opened 
and  its  contents  examined  only  upon  an  order  of  a  court  of  competent 
jurisdiction;  at  the  end  of  six  months,  unless  ordered  otherwise  by  the 


267 

court,  such  package  and  its  contents  may  be  destroyed.  (R.  S.  1908  and 
1914,  §7036;  R.  S.  1901,  §6335d.) 

387.  Recording  Roll. 

14.  A  voting  machine  which  possesses  all  of  the  qualities  required 
by  this  act  may  be  supplied  in  addition,  with  a  paper  recording  roll  on 
which  all  the  votes  registered  on  the  mechanical  counters  will  be  sepa- 
rately recorded  on  such  roll.  When  a  machine  is  supplied  with  such 
roll  the  same  shall  not  be  taken  out  or  examined  by  the  election  board 
who  makes  the  return  from  the  precinct,  but  such  machine  shall  be 
locked  with  such  roll  therein,  and  so  remain  for  the  period  of  at  least 
thirty  days  unless  within  that  time  the  machine  be  ordered  opened  and 
the  roll  taken  out  anS  examined  by  some  court  of  competent  jurisdiction. 
At  the  end  of  such  thirty  days  such  roll  may  be  taken  out  unless  other- 
wise ordered  by  a  court  of  competent  jurisdiction.  (R.  S.  1908  and  1914, 
§7037;  R.  S.  1901,  §6335e.) 

388.  Custody  of  Keys. 

14:V2.  When  the  machine  is  locked  at  the  close  of  an  election  in  the 
manner  required  by  this  act,  the  inspector  shall  place  all  keys  of  the 
machine  on  a  strong  and  sufficient  string  of  wire,  label  the  same  with  the 
make  and  number  of  the  machine  and  precinct  at  which  used  at  such 
election,  and  return  such  keys  to  the  auditor  of  the  county  not  later  than 
ten  o'clock  a.  m.  of  the  Thursday  following  the  election.  The  auditor 
shall  securely  keep  such  keys  and  not  permit  the  same  to  be  taken,  or 
any  voting  machine  unlocked,  for  a  period  of  thirty  days  from  the  elec 
tion  unless  ordered  otherwise  by  a  court  of  competent  jurisdiction.  At 
the  end  of  such  thii-ty  days  he  shall  turn  all  keys  over  to  the  board  of 
commissioners  unless  otherwise  ordered  by  court.  (R.  S.  1908  and  1914, 
§7038;  R.  S.  1901,  §6335f.) 

389.  Laws  Applicable. 

15.  All  laws  of  this  state  applicable  to  elections  where  voting  is 
done  in  other  manner  than  by  machines  and  all  penalties  prescribed  for 
violation  of  such  laws  shall  apply  to  elections  and  precincts  where  voting 
machines  are  used  in  so  far  as  they  are  not  in  conflict  with  the  provi- 
sions of  this  act.     (R.  S.  1908  and  1914,  §7039;  R.  S.  1901,  §6335g.) 

390.  Officers— Neglect  of  Duty— Penalties. 

16.  Any  public  officer  or  any  election  officer  upon  whom  any  duty 
is  imposed  by  this  act,  or  who  shall  wilfully  omit  or  neglect  to  perform 
such  duties,  or  do  any  act  prohibited  herein,  for  which  punishment  is 
not  otherwise  provided  herein,  shall  upon  conviction,  be  imprisoned  in 
the  state  prison  for  not  less  tban  one  year  or  more  than  three  years, 
or  be  fined  in  any  sum  not  exceeding  two  thousand  ($2,000)  dollars,  or 
may  be  punished  by  both  such  imprisonment  and  fine.  (R.  S.  1908  and 
1914,  §7040;  R.  S.  1901,  §6335h.) 

391.  Injuring  Machine  or  Ballots. 

17.  Any  person  not  being  an  election  officer,  who,  during  any  elec- 
tion,  or  before  any   election,   after  a  voting  machine  has   had   placed 


^  •        268 

upon  it  the  ballot  label  for  such  election,  who  shall  tamper  with  such 
machine,  disarrange,  deface,  injure  or  impair  the  same  in  any  manner, 
or  mutilate,  injure  or  destroy  any  ballot  label  placed  thereon,  or  to  be 
placed  thereon,  or  any  other  appliance  used  in  connection  with  such 
machine,  shall  be  deemed  guilty  of  a  felony,  and  on  conviction  thereof 
shall  be  imprisoned  in  the  state  prison  for  a  period  of  not  less  than 
two  nor  more  than  ten  years.  (R.  S.  1908  and  1914,  §7041;  R.  S.  1901, 
§63351.) 

392.  False  Affidavit. 

18.  Whoever  shall  knowingly  or  wilfully  make  a  false  affidavit 
under  any  of  the  provisions  of  this  act,  shall  be  deemed  guilty  of  per- 
jury.    (R.  S.  1908  and  1914,  §7042;  R.  S.  1901,  §6335j.) 

393.  Using  Distinguishing  Marks — Penalties. 

19.  Whoever  shall  induce  or  attempt  to  induce  any  elector  to  write, 
paste  or  otherwise  place  on  an  irregular  ballot  voted  on  a  voting  machine 
at  any  election,  any  name,  sign  or  device  of  any  kind  as  a  distinguishing 
mark  by  which  to  indicate  to  another  how  such  elector  has  voted;  or 
shall  enter  into  or  attempt  to  form  any  agreement  or  conspiracy  with 
any  person  to  induce  or  attempt  to  induce  electors,  or  any  elector,  to  so 
place  any  distinguishing  mark  on  such  ballot;  or  who  shall  attempt  to 
induce  any  elector  to  do  anything  with  a  view  to  enabling  another  person 
to  see  or  know  for  what  ticket  or  for  what  persons  or  any  of  them  such 
elector  votes  on  such  machine;  or  who  shall  enter  into  or  attempt  to  form 
any  agreement  or  conspiracy  to  induce  any  elector  to  do  anything  for 
the  purpose  of  enabling  another  person  or  persons  to  see  or  know  for 
what  ticket,  person  or  persons  such  elector  votes;  or  who  shall  attempt 
to  induce  any  person  to  place  himself  in  such  position,  or  to  do  any  other 
thing  as  will  enable  him  to  see  or  know  for  what  ticket  or  candidates 
any  elector  other  than  himself  votes  on  such  machine;  or  who  himself 
attempts  to  get  in  such  position,  or  do  any  other  thing,  so  that  he  will 
be  enabled  to  see  or  know  how  any  elector  other  than  himself  votes 
on  such  machine,  shall  be  guilty  of  a  felony,  and  on  conviction  imprisoned 
in  the  state  prison  not  less  than  two  nor  more  than  five  years.  (R.  S. 
1908  and  1914,  §7943;  R.  S.  1901,  §6335k.) 

394.  Officers  Tampering  With  Machine — Penalty. 

20.  Whoever,  being  an  inspector,  judge  or  clerk  of  an  election, 
with  intent  to  cause  or  permit  any  voting  machine  to  fail  to  correctly 
register  all  votes  cast  thereon,  tampers  with  or  disarranges  such  ma- 
chine in  any  way,  or  any  part  or  appliance  thereof;  or  who  causes  or 
consents  to  said  machine  being  used  for  voting  at  any  election  with 
knowledge  of  the  fact  that  the  same  is. not  in  order,  or  not  perfectly  set 
and  adjusted  so  that  it  will  correctly  register  all  votes  cast  thereon;  or 
who,  for  the  purpose  of  defrauding  or  deceiving  any  voter  or  of  causing 
it  to  be  doubtful  for  what  ticket  or  candidate  or  candidates  or  proposi- 
tion any  vote  is  cast,  or  of  causing  it  to  appear  upon  said  machine  that 
votes  cast  for  one  ticket,  candidate  or  proposition,  were  cast  for  another 
ticket,  candidate  or  proposition,  removes,  changes  or  mutilates  any  ballot 


209 

label  on  said  machine  or  any  part  thereof,  or  does  any  other  thing,  shall 
be  deemed  guilty  of  a  felony,  and  upon  conviction  imprisoned  in  the 
state  prison  not  less  than  two  years  nor  more  than  ten  years,  and  dis- 
franchised for  any  determinate  period,  to  which  may  be  added  a  fine  of 
not  exceeding  one  thousand  ($1,000)  dollars.  (R.  S.  1908  and  1914, 
§7044;  R.  S.  1901,  §63351.) 

395.  False  Returns — Penalty. 

21.  Any  inspector,  judge  or  clerk  of  an  election,  who  shall,  at  the 
close  of  the  polls,  purposely  cause  the  vote  registered  on  such  machine 
to  be  incorrectly  taken  down  as  to  any  candidate  or  proposition  voted 
on,  or  who  shall,  knowingly  cause  to  be  made  or  signed  any  false  state- 
ment, certificate  or  return  of  any  kind,  of  such  vote;  or  who  shall, 
knowingly  consent  to  said  things  or  any  of  them  being  done,  shall  be 
deemed  guilty  of  a  felony,  and  on  conviction  shall  be  imprisoned  in 
the  state  prison  not  less  than  two  years  nor  more  than  ten  years,  to  which 
may  be  added  a  fine  of  not  more  than  one  thousand  ($1,000)  dollars. 
(R.  S.  1908  and  1914,  §7045;  R.  S.  1901,  §6335m.) 

396.  Cities  and  Towns  May  Use  Machines. 

22.  The  city  council  and  board  of  aldermen,  where  there  is  a  board, 
of  any  city  in  this  state,  and  the  town  trustees  of  any  town  in  this  state, 
may,  after  voting  machines  have  been  adopted  in  the  county  by  the  board 
of  commissioners,  and  are  on  hand,  ready  for  use,  by  an  ordinance  duly 
passed,  adopt  such  machines  for  use  at  any  election  of  such  city  or  town, 
respectively;  and  if  there  are  not  sufficient  machines  on  hand  for  every 
precinct  of  the  city  or  town,  they  may  provide  in  such  ordinance  in  what 
precincts  voting  machines  shall  be  used  at  such  election  and  fix  the  boun- 
daries of  the  precinct.  The  county  commissioners  shall  furnish  to  such 
city  or  town  the  requisite  number  of  voting  machines,  together  with 
all  the  furniture  and  appliances  that  go  therewith,  to  be  used  in  such 
precincts,  but  such  town  or  city  shall  pay  the  expense  of  moving  such 
machine  and  furniture  to  and  from  the  polling  places,  and  also  for  any 
damage  or  loss  to  such  machines  or  furniture.  The  city  board  of  election 
commissioners  shall  discharge  the  duties  required  by  this  act  to  be  dis- 
charged by  the  county  board  of  election  commissioners.  And  all  of  the 
provisions  of  this  act  and  penalties  prescribed,  shall  apply,  to  town  and 
city  elections  and  all  officers  thereof  and  connected  therewith,  and  all 
proceedings  and  doings  in  preparing  for  and  holding  city  or  town  elec- 
tions at  which  such  voting  machines  are  used.  (R.  S.  1908  and  1914, 
§7046;  R.  S.  1901,  §6335n.)  . 

397.  Experimental  Use. 

23.  The  board  of  county  commissioners,  the  city  council  and  board 
of  aldermen,  when  there  is  such  board,  and  trustees  of  a  town  author- 
ized by  this  act  to  adopt  voting  machines,  may  provide  for  the  experi- 
mental use  at  an  election  in  one  or  more  precincts,  of  a  machine  approved 
by  the  Indiana  voting  machine  commission  without  a  formal  adoption 
or  purchase  thereof;  and  its  use  at  such  election  shall  be  valid  for  all 
purposes  as  if  fonnally  adopted.  (R.  S.  1908  and  1914,  §7047;  R.  S. 
1901,  §63350.) 


270 

398.     Printing  Ballots,  When. 

24.  The  board  of  election  commissioners  shall  cause  to  be  printed 
ballots  for  all  elections  as  now  provided  by  law  and  to  deliver  a  suffi- 
cient number  thereof  to  the  clerk  of  each  county,  or  in  case  of  a  city 
election  then  to  the  city  clerk,  wherein  voting  machines  have  been 
adopted,  so  that  in  case  any  voting  machine  should  get  out  of  order  or 
fail  to  work,  the  clerk  could  furnish  necessary  ballots  to  each  precinct 
in  which  such  voting  machines  so  failing  to  work  are  located,  in  order 
that  the  election  might  go  on.  The  clerk  of  the  county,  town  or  city  in 
which  such  voting  machines  are  adopted,  shall  be  at  his  office  from 
5  o'clock  a.  m.  until  6  o'clock  p.  m.  on  all  election  days,  and  be  ready 
at  any  time  between  such  hours  to  deliver  to  any  precincts  in  his  county, 
town  or  city,  necessary  ballots,  together  with  election  booths,  ballot 
boxes,  and  all  necessary  paraphernalia  as  now  required  by  law  upon 
notice  that  any  voting  machine  is  out  of  order  or  fails  to  work:  Pro- 
vided, That  if  the  number  of  voters  in  any  precinct  in  which  any  voting 
machine  is  placed  shall  exceed  in  number  three  hundred  persons,  then  the 
clerk  shall  furnish  and  send  to  the  voting  places  in  such  precinct  election 
booths  with  six  stalls.     (R.  S.  1908  and  1914,  §7048;  R.  S.  1901,  §6835p.) 


PRIMARY  LAWS 


(271) 


CHAPTER  I. 
PRIMARY  ELECTIONS. 


Sec. 

399.  Primary  elections. 

400.  Comraitteee  —  Authority     to     enforce 

rules. 

401.  Oi-ganization  of  committees. 

402.  Primary    election    commissioners — Du- 

ties— Compensation. 

403.  Election  officials. 

404.  Precinct   committeemen — Organization 

—Rules. 

405.  Election      officials — Appointment — Du- 

ties. 

406.  Time  for  holding  primary. 

407.  Committeemen   elected  by  ballot. 

408.  Qualifications  for  voters. 

409.  Officials  to  be   nominated — City — Pri- 

mary. 

410.  Officials     not     eligible     to     serve     on 

board. 

411.  Declaration  of  candidates — Filing. 

412.  President — United      States     senator — 

Governor — Preferential  vote. 

413.  Ballots— Form  of. 

414.  Names    on    ballot — Election     commis- 

sioners. 

415.  List    of    candidates    certified   to   clerk 

Circuit  Court. 

416.  Withdrawals. 

417.  Election  precincts — Regular. 

418.  Per  diem  of  election  officials. 

419.  Voting  hours. 

420.  Registration  of  voter's  name. 

421.  Election   inspectors — Administer  oath. 

422.  Marking  ballot — Assistance  to  voter. 

423.  Tally  sheets. 

424.  Canvass     of     votes — Returns — Certifi- 

cate of  nomination. 

425.  Nominees — How  determined. 

426.  Watchers. 

427.  State  central  committee — Fix  date  for 

state  convention. 


Sec. 

428. 
429. 

430. 

431. 
432. 

433. 
434. 
435. 
436. 


440. 
441. 
442. 
443. 
444. 
445. 
446. 
447. 
448. 
449. 
450. 
451. 
452. 
453. 
454. 
455. 
456. 
457. 
458. 
459. 


Delegates — Basis — Elected. 

Preferential  vote  for  president,  etc. — 
Certified. 

State  convention  —  Officials  to  be 
nominated. 

Nomination  for  delegates. 

Candidates  for  delegate — May  with- 
draw. 

County  furnishes  supplies. 

Publications  required. 

Penalty  for  fraudulent  voting. 

Printer  secretly  giving  ballots — Pen- 
alty. 

Officials  furnishing  ballots  fraudu- 
lently. 

Removal  of  election  supplies — Pen- 
alty. 

Inspector — Failure  to  appear. 

Affidavit  as  to  illegal  voting. 

Perjury — What  constitutes. 

Destruction  of  supplies — Penalty. 

Distinguishing  mark. 

Influencing  voters. 

Bribery — Penalty. 

Informers — Not  to  be  prosecuted. 

Furnishing  information  as  to  voters. 

Tampering  with  election  officials. 

Destruction  of  property. 

Public   officials — Neglect   of  duty. 

Election    affidavits — Preserved. 

Voting  machines. 

Adjusting  machine. 

General  law  in  force. 

Repeal. 

Public  offense. 

Election  laws  in  force. 

Votes  canvassed. 

Filing  of  declaration  of  independent 
candidate. 


[Approved  March  8,  1915.] 
399.     Primary  Elections. 

1.  That  all  political  parties  in  the  State  which  cast  at  the  general 
election  immediately  preceding  the  time  of  holding  a  primary,  as  pro- 
vided herein,  ten  per  cent  or  more  of  the  total  vote  cast  at  such  elec- 
tion, desiring  to  nominate  candidates  for  State,  congressional,  county, 
city  and  township  officers,  including  all  nominations  for  judicial  and 
legislative  offices,  prosecuting  attorneys,  representatives  and  senators 
in  congress,  shall  make  nominations  in  the  manner  prescribed  by  this 
act,  and  not  otherwise.  The  selection  of  all  precinct  committeemen  of 
such  parties,  and  the  election  of  all  delegates  to  conventions  for  the 
nomination  of  candidates  for  State  offices,  including  candidates  for  Presi- 
dential electors  and  United  States  Senators  by  all  such  parties  shall 
be  made  in  the  manner  provided  in  this  act,  and  not  otherwise.  The 
name  of  no  person  as  a  candidate  of  a  political  party  coming  undear 
the  provisions  of  this  act,  shall  be  placed  upon  the  official  ballot  as  a 
candidate  for  any  office  when  provision  is  made  herein  for  nominating 
candidates  for  such  office,  unless  such  person  shall  have  been  nominated 
for  such  office  under  the  provisions  of  this  act.  In  determining  whether 
a  political  party  is  subject  to  the  provisions  of  this  act,  the  vote  received 


18—22129 


(273) 


274 

for  its  candidate  for  Secretary  of  State  at  the  preceding  general  election 
shall  be  taken  as  its  vote  at  such  election.  The  total  vote  cast  at  such 
election  shall  be  the  aggregate  vote  cast  for  all  candidates  for  Secre- 
tary of  state  at  such  election,     (Sec.  7054a,  Burns  R.  S.  1921.) 

[Approved  March  8,  1917.] 

400.     Committee — Authority  to  Enforce  Rules. 

2.  Every  political  party  subject  to  the  provisions  of  this  act  shall 
have  the  following  committees  and  none  other,  a  State  Central  Com- 
mittee, a  Congressional  District  Committee,  a  County  Committee,  ^  City 
Committee  and  a  Precinct  Committee,  but  any  of  the  above  named  com- 
mittees may  elect  or  appoint  such  sub-committees  as  may  be  provided 
for  their  own  rules  or  the  rules  of  the  State  Central  Committee.  The 
State  Central  Committee  of  each  party  subject  to  the  provisions  of  this 
act  shall  be  composed  of  the  district  chairman  from  the  several  con- 
gressional districts  to  be  elected  as  hereinafter  provided.  The  Congres- 
sional District  Committee  shall  be  composed  of  the  county  chairman  of 
the  several  counties  in  the  congressional  district.  Provided,  however, 
That  in  congressional  districts  having  no  more  than  one  county,  the 
County  Committee  shall  constitute  the  Congressional  District  Commit- 
tee and  such  committee  in  addition  to  the  county  chairman,  shall  elect 
a  district  chairman,  who  shall  represent  such  district  in  the  Congres- 
sional District  Committee.  The  County  Committee  shall  be  composed 
of  the  precinct  committeemen  to  be  elected  from  the  several  precincts 
of  each  county,  as  hereinafter  provided.  The  City  Committee  shall  be 
composed  of  the  members  of  the  County  Committee  representing  pre- 
cincts in  whole  or  in  part  in  such  city.  The  Precinct  Committee  shall 
be  composed  of  the  precinct  committeemen,  and  such  other  persons  as 
may  be  designated  and  appointed  by  the  county  chairman.  The  State 
Central  Committee  of  each  party  coming  under  the  provisions  of  this 
law  is  hereby  declared  to  be  the  highest  party  authority  and  may,  by 
proper  rules,  regulations  or  resolutions,  provide  for  all  matters  of  party 
government  which  are  not  controlled  by  this  act  or  by  other  statutes 
of  the  State  of  Indiana,  such  rules,  regulations  or  resolutions  not  to 
be  in  conflict  with  any  law  of  this  State.  Upon  the  refusal  of  any  mem- 
ber or  officer  of  any  political  committee  of  such  party  to  obey  or  con- 
form to  any  such  rule,  regulation  or  resolution  so  adopted,  such  member 
or  officer  may  be  removed  by  said  State  Central  Committee  after  hear- 
ing upon  reasonable  notice.  Said  State  Central  Committee  shall  also 
have  power  in  its  own  name  to  maintain  suits  in  Mandamus  to  enforce 
obedience  to  its  rules,  regulations  or  resolutions,  said  suits  to  be  com- 
menced, prosecuted  and  tried  in  the  Circuit  Court  of  the  county  where- 
in the  defendant  resides.  Said  proceedings  in  mandamus  shall  be  tried 
by  the  court  without  the  intervention  of  a  jury.  Any  case  so  brought 
shall  have  precedence  over  all  other  cases  pending  in  such  courts  ex- 
cept trials  for  capital  offenses  and  no  change  of  venue  from  the  county 
shall  be  allowed  in  any  such  case.  Process  shall  be  served -and  the 
proceedings  had  as  in  other  civil  actions  except  that  process  shall  be 
returnable  three  (3)  days  "from  the  date  of  service.    From  the  judgment 


275 

entered  in  any  such  case  an  appeal  may  be  prosecuted  as  in  other  civil 
actions  by  either  party  but  such  appeal  shall  be  taken  directly  to  the 
Supreme  Court  of  Indiana.     (Sec.  7054b,  Bums  R.  S.  1921.) 

[Approved  March  8,  1915.] 

401.  Organization  of  Commitl^ees. 

3.  The  various  committee?  provided  for  herein  shall  organize  by 
electing  a  chairman,  a  secretary  and  a  treasurer,  and  such  other  officers 
or  sub-committees  as  they  may  deem  necessary  to  perfect  their  organiza- 
tion. Each  of  such  committees  is  hereby  authorized  to  fill  any  vacancy 
that  may  occur  from  time  to  time  by  electing  a  qualified  elector  of  such 
district  or  precinct  to  fill  such  unexpired  term;  such  qualified  elector 
to  be  a  member  of  such  party.     (Sec.  7054c,  Burns  R.  S.  1921.) 

[Approved  March  8,  1917.] 

402.  Primary  Election  Commissioners — Duties — Compensation. 

4.  There  is  hereby  created  in  each  county  a  Board  of  Primary  Elec- 
tion Commissioners  to  be  composed  of  a  Clerk  of  the  Circuit  Court  and 
two  others  to  be  appointed  by  him,  one  of  whom  shall  be  taken  from 
each  of  the  two  political  parties  casting  the  highest  number  of  votes  in 
such  county  at  the  last  preceding  general  election,  who  shall  be  nom- 
inated in  writing  by  the  respective  chairmen  of  said  two  parties.  Such 
Election  Commissioners  shall  also  serve  as  Election  Commissioners  at 
the  election  for  which  nominations  by  such  primary  are  made.  Said 
Primary  Election  Commissioners  may  employ  all  necessary  clerical 
assistants,  who  shall  be  paid  for  their  services  in  the  same  manner  and 
amount  as  now  provided  for  by  law.  The  compensation  of  the  ap- 
pointive members  of  said  Board  of  Primary  Election  Commissioners  for 
their  services  as  such  and  as  Election  Commissioners  shall  be  fixed  by 
the  Board  of  Commissioners  of  such  county,  and  shall  be  paid  out  of 
the  county  treasury.  It  shall  be  the  duty  of  such  Board  to  prepare  and 
distribute  separate  primary  ballots  for  each  political  party  participating 
in  such  primary,  equal  to  one  and  one-half  times  the  number  of  votes 
cast  by  such  political  party  in  each  precinct  at  the  last  preceding  gen- 
eral election.  The  ballots  of  each  party  shall  be  of  uniform  size,  and 
of  the  same  quality  of  paper  as  is  used  in  ballots  at  the  general  election. 
The  ballots  so  furnished  shall  be  of  different  color  for  each  political 
party  holding  such  primary  election,  and  no  two  political  parties  shall 
be  furnished,  or  use,  ballots  of  the  same  color.  All  the  nominees  of 
candidates  representing  one  political  party  shall  be  placed  on  one  ticket, 
and  the  name  of  such  political  party  shall  be  placed  at  the  top  thereof. 
All  the  nominees  of  candidates  for  each  office  who  have  qualified  as 
provided  in  this  act  shall  be  grouped  together  under  the  name  of  such 
office  and  printed  in  type  of  uniform  capital  letters,  with  uniform  space 
between  each  jiame.  There  shall  be  printed  at  the  head  of  each  group 
where  only  one  candidate  for  such  group  is  to  be  voted  for  the  words, 
"vote  for  one  only."  Where  more  than  one  candidate  in  any  group 
is  to  be  voted  for,  the  number  to  be  voted  for  shall  be  specified  at  the 
head  of  such  group.      (Sec.  7054d,  Burns  R.  S.  1921.) 


V^  276 

[Approved  March  8,  1915.] 

403.  Election  Officials. 

5.  The  board  and  officers  for  the  primaries  held  under  the  pro- 
visions of  this  act  shall  consist  of  one  Inspector,  two  Judges,  two  Clerks, 
two  Sheriffs,  and  a  poll  book  holder  for  each  political  party  participat- 
ing in  such  primary.  Inspectors,  Judges  and  Clerks  at  such  primary 
shall  be  appointed  as  follows:  The  party  casting  the  highest  vote  in 
such  county  at  the  preceding  general  election  for  the  office  of  Secretary 
of  State  shall  be  entitled  to  name  the  Inspectors  at  such  election  in 
said  county.  The  party  participating  in  such  primary  and  casting  the 
next  highest  vote  in  such  county  for  such  office  shall  be  permitted  to 
name  one  of  the  Judges  in  each  precinct  of  said  county,  and  so  on  in 
rotation  with  all  the  parties  participating  in  such  primary  until  such 
officers  are  all  appointed.     (Sec.  7054e,  Burns  R.  S.  1921.) 

[Approved  March  8,  1917.] 

404.  Precinct  Committeemen — Organization — Rules. 

6.  At  one  o'clock  p.  m.  on  the  Saturday  following  their  election 
the  precinct  committeemen  of  each  party  coming  under  the  provisions 
of  this  act  shall  meet  at  some  place  at  the  county  seat,  to  be  fixed  by 
the  retiring  chairman,  and  shall  organize  the  County  Committee  by 
electing  the  officers  required  by  this  act.  The  State  Central  Commit- 
tee of  each  political  party  coming  under  the  provisions  of  this  act  shall 
provide  by  proper  rules,  regulations  or  resolutions,  for  the  organization 
of  other  committees  herein  provided  for,  which  organization  shall  take 
place  within  thirty  days  after  such  primary,  except  the  City  Commit- 
tees of  such  parties,  which  shall  be  organized  at  any  time  not  later 
than  sixty  days  before  the  city  primary,  the  time  of  such  organization 
to  be  fixed  by  such  State  Central  Committees,  and  to  be  uniform  as  to 
each  party  throughout  the  State  and  said  State  Central  Committees 
shall  adopt  proper  and  efficient  rules  for  the  government  of  each  and 
all  of  such  committees.     (Sec.  7054f,  Bums  R.  S.  1921.) 

405.  Election  Officials — Appointment — Duties. 

7.  The  chairman  of  each  political  party  participating  in  such  pri- 
mary shall  nominate  the  election  officers  entitled  to  be  selected  by  such 
party,  and  such  nomination  shall  be  made  in  writing  and  delivered  to 
the  Election  Commissioners  at  least  five  days  before  the  date  of  hold- 
ing such  primary.  Any  vacancy  occurring  in  such  election  officers  prior 
to  the  day  of  the  primary  shall  be  filled  by  the  chairman  of  the  politi- 
cal party  originally  nominating  such  election  officer.  Any  vacancy 
occurring  in  the  officers  of  such  primary  on  the  day  of  election  shall 
be  filled  by  the  voters  assembled  at  the  precinct  belonging  to  the  politi- 
cal party  which  nominated  the  officer,  whose  place  has  so  become  va- 
cant. Sheriffs,  and  poll  book  holders  for  such  primary  shall  be  ap- 
pointed in  the  manner  and  under  the  conditions  as  Sheriffs  and  poll 
book  holders  are  appointed  at  regular  elections.  The  said  members 
of  said  primary  boards  and  the  officers  thereof,  as  herein  provided, 
shall  perform  the  same  duties,  the  same  qualifications,  and  take  the 
same  oath  as  are  required  of  the  same  officers  at  any  general  election, 


277 

and  the  members  of  said  board  and  the  other  primary  officers  pro- 
vided for  herein  shall  receive  such  compensation  as  is  received  by  the 
same  officers  at  general  elections,  except  as  otherwise  provided  for  in 
section  20  of  this  act.     (Sec.  7054g,  Burns  R.  S.  1921.) 

406.  Time  for  Holding  Primary. 

8.  That  beginning  with  the  year  1918  the  primary  elections  pro- 
vided for  in  this  act  shall  be  held  in  the  various  precincts  of  the  State 
on  the  first  Tuesday  after  the  first  Monday  in  May  of  each  year  pre- 
ceding each  state,  congressional,  county,  city  and  township  election: 
Provided,  that  nothing  in  this  act  contained  shall  prevent  any  political 
party  not  coming  under  the  provisions  of  this  act  from  nominating  can- 
didates as  now  provided  by  law:  And,  provided,  further,  that  nothing 
in  this  act  contained  shall  prevent  any  individual  voter  at  any  general 
election  from  using  the  paster  ballot  as  now  provided  by  law.  (Sec, 
7054h,  Burns  R.  S.  1921.) 

[Approved  March  8,  1915.] 

407.  Committeemen  Elected  by  Ballot. 

9.  All  elections  for  Committeemen,  Delegates  and  all  nominations 
of  candidates  mentioned  in  this  act  by  a  political  party  coming  under 
the  provisions  of  this  act  shall  be  by  ballot,  upon  which  shall  be  printed 
the  names  of  all  such  candidates  to  be  voted  for  in  any  particular  pre- 
cinct.    (Sec.  70541,  Bums  R.  S.  1921.) 

[Approved  March  8,  1917.] 

408.  Qualifications  for  Voters. 

10.  Each  qualified  voter  of  the  precinct  who  at  the  last  preced- 
ing general  election  voted  for  a  majority  of  the  regularly  nominated 
candidates  of  the  party  holding  such  election,  or  if  he  did  not  vote  at 
the  last  preceding  general  election,  intends  to  vote  at  the  next  general 
election  for  a  majority  of  the  regularly  nominated  candidates  of  the 
party  holding  such  election,  shall  be  entitled  to  vote  at  such  election: 
Provided,  Such  elector  was  registered  as  a  voter  at  such  previous  gen- 
eral election:  and  Provided,  further.  That  if  such  elector  was  so  regis- 
tered, he  shall  make  the  affidavit  hereinafter  provided  for.  It  shall  be 
the  duty  of  the  County  Auditor  to  furnish  to  the  Inspector  of  elections  in 
each  of  such  precincts  for  use  on  the  day  of  holding  the  primary  the 
last  regularly  prepared  registration  book.  If  the  name  of  such  person 
offering  to  vote  at  such  primary  shall  be  found  on  such  registration  book, 
it  shall  be  sufficient  evidence  of  his  right  to  vote,  unless  he  is  challenged 
as  hereinafter  provided  for.  Any  person  who  will  be  a  qualified 
elector  at  the  election  for  which  such  primary  is  being  held,  whose  name 
does  not  appear  on  such  book  of  registration,  shall  be  entitled  to  vote 
if  he  shall  make  affidavit  that  he  is  a  qualified  voter  of  such  precinct. 
Any  qualified  legal  voter  in  such  precinct  may  challenge  any  voter  or 
person  who  shall  offer  to  vote  at  such  election,  and  when  so  challenged, 
such  person  shall  not  be  entitled  to  vote  unless  he  shall  make  an  affi- 
davit that  he  is  a  qualified  legal  voter  of  the  precinct;  that  at  the 
last  preceding  general  election  hQ  ?iffiUated  with  the  party  for  whose 


278 

candidate  he  proposes  to  vote  in  such  primary  and  that  he  voted  for  a 
majority  of  the  regular  nominees  of  such  party;  and  that  he  intends 
to  support  and  vote  for  the  regular  nominees  of  such  party  at  the  com- 
ing election,  or  if  he  did  not  vote  at  the  last  preceding  general  elec- 
tion, intends  to  vote  at  the  next  general  election  for  a  majority  of  the 
regularly  nominated  candidates  of  the  party  holding  such  election: 
Provided,  That  any  qualified  legal  voter  who  was  under  twenty-one  years 
of  age  at  the  last  preceding  election,  and  who  will  have  attained  the 
age  of  twenty-one  years  prior  to  the  ensuing  election,  shall  be  entitled 
to  vote  at  the  primary  of  the  party  with  which  he  intends  to  affiliate, 
and  whose  candidates  he  intends  to  vote  for  at  the  approaching  elec- 
tion, and  whenever  any  such  person  last  named  is  challenged,  it  shall 
be  sufficient  if  he  shall  make  affidavit  that  he  will  be  a  qualified  voter 
of  the  precinct  at  the  next  general  election,  and  that  he  intends  to 
support  and  vote  for  the  regular  nominees  of  the  party  for  whose 
candidate  he  proposes  to  vote  for  in  such  primary  and,  Provided, 
That  no  challenge  on  the  ground  of  party  affiliation  can  be  made  by 
anyone  except  a  member  of  the  party  for  whose  candidates  the  voter 
is  offering  to  vote  at  such  primary.     (Sec.  7054 j.  Burns  R.  S.  1921.) 

409.     Officials  to  Be  Nominated — City  Primary. 

11.  On  the  first  Tuesday  after  the  first  Monday  in  May  of  each 
year  in  which  a  general  election  is  held,  at  which  State,  county  or 
township  officers  are  to  be  elected,  a  primary  election  shall  be  held 
under  the  provisions  of  this  act  in  each  and  every  precinct  in  the 
State  of  Indiana.  At  such  primary  election  there  shall  be  nominated 
the  candidates  of  all  the  political  parties  coming  under  the  provisions 
of  this  act,  which  are  to  be  voted  for  at  such  general  election,  other 
than  candidates  for  Presidential  Electors,  and  other  than  officers  to  be 
voted  for  by  all  of  the  electors  of  the  State.  There  shall  also  be  elected 
at  such  primary  a  Precinct  Committeeman  from  each  of  said  political 
parties  coming  under  the  provisions  of  this  act.  There  shall  be  like- 
wise elected  at  such  primary.  Delegates  from  each  county  to  the  state 
convention  of  such  of  the  political  parties  coming  under  the  provisions 
of  this  act.  On  the  first  Tuesday  after  the  first  Monday  in  May  of 
each  year  in  which  a  city  election  is  held,  a  primary  election  under 
the  provisions  of  this  act  shall  be  held  in  the  several  precincts  of  the 
cities  of  this  State  for  the  nomination  of  candidates  for  all  elective 
city  officers  of  all  political  parties  coming  under  the  provisions  of  this 
act:  Provided,  however.  That  no  Precinct  Committeeman  shall  be 
elected  at  any  such  city  primary.  Primary  election  officials  shall  be 
chosen  in  the  same  manner  as  officials  for  county  primaries,  that  is 
to  say:  The  party  casting  the  highest  vote  in  the  county  in  which  such 
city  is  situated  at  the  preceding  general  election  for  the  office  of 
Secretary  of  State  shall  be  entitled  to  name  the  inspectors  at  such 
election  in  said  city.  The  party  participating  in  such  primary  and 
casting  the  next  highest  vote  in  such  county  for  such  office  shall  be 
permitted  to  name  one  of  the  Judges  in  each  precinct  in  said  city,  and 
so  on  in  rotation  with  all  the  parties  participating  in  such  primary  until 
such  officers  are  all  appointed.    And  the  duties  required  of  the  Clerk  of 


279 

the ,  Circuit  Court  at  a  general  election  shall  be  performed  by  the 
City  Clerk;  the  duties  required  of  the  Board  of  County  Commissioners 
at  a  general  election  shall  be  performed  by  the  City  Council,  the, 
duties  of  the  County  Sheriff  shall  be  performed  by  the  Chief  of  Police, 
and  the  rights  of  nominating  election  officers  by  political  parties  shall 
be  exercised  by  the  chairman  of  the  City  Committees  of  such  parties, 
if  any  such  there  be,  such  nominations  to  be  filed  in  writing  with  the 
City  Board  of  Election  Commissioners.  City  officers  are  required  to 
perform  the  various  duties  prescribed  in  the  general  election  law  for 
county  officers  in  whose  place  they  act,  subject  to  the  same  penalties 
and  provisions  prescribed  in  the  general  election  law  as  to  such  county 
officers.  City  Boards  of  Election  Commissioners  shall  provide  the  neces- 
sary equipment  for  holding  such  primaries  and  the  County  Commis- 
sioners and  Township  Trustees  in  which  such  cities  are  situated  shall 
furnish  what  is  necessary  for  use  in  such  primaries  of  the  election 
furniture  in  their  custody.  Election  commissioners,  in  holding  such  city 
primaries,  shall  be  governed  so  far  as  possible  by  the  law  herein  pre- 
scribed for  county  primaries.  The  compensation  of  the  appointative 
members  of  the  City  Board  of  Election  Commissioners  shall  be  fixed 
by  the  City  Council  of  such  city  and  shall  be  paid  out  of  the  city 
treasury.  Declarations  of  candidacy  for  city  offices  shall  follow  sub- 
stantially the  form  prescribed  by  Section  thirteen  (13)  of  this  act 
and  shall  be  filed  with  the  City  Clerk  not  less  than  thirty  (30)  days 
prior  to  such  primary.  Such  City  Boards  of  Election  Commissioners 
shall  be  appointed  in  the  same  manner  the  County  Boards  of  Election 
Commissioners  are  appointed:  Provided,  however,  That  whenever,  in 
any  county,  township,  city,  district,  circuit  or  other  political  subdivision, 
there  is  no  contest  in  any  party  for  the  nomination  of  candidates  for 
any  office  to  be  elected  therein,  no  primary  for  the  selection  of  such 
candidates  shall  be  held,  and  the  Election  Commissioners  shall  certify 
the  names  of  candidates  for  which  there  is  no  contest  the  same  as 
though  a  primary  election  had  in  fact  been  held.  Whereas,  an  emer- 
gency exists  for  the  immediate  taking  effect  of  this  provision  the  same 
shall  be  in  full  force  and  effect  from  and  after  its  passage.  (Sec. 
7054k,  Bums  R.  S.  1921.) 

410.  Officials  Not  Eligible  to  Serve  on  Board. 

112.     No  person  holding  an  appointive  or  elective  office  under  the 
Federal,   State,  county  or  city  government,   shall  be   eligible  to  serve 
I      on  any  primary  election  board.     (Sec.  70541,  Bums  R.  S.  1921.) 

411.  Declaration  of  Candidates — Filing. 

13.  The  name  of  no  candidate  shall  be  printed  upon  an  official 
ballot  used  at  any  primary  election,  unless  at  least  thirty  (30)  days 
and  not  more  than  sixty  (60)  days  prior  to  such  primary  election,  a  dec- 
laration shall  have  been  filed  with  the  Secretary  of  State  in  the  case  of 
a  candidate  for  member  of  the  National  House  of  Representatives, 
member  of  the  General  Assembly,  Judicial  office;  with  the  Clerk  of  the 
Circuit  Court  in  the  case  of  county  office,  township  office,  member  of 
a  county  committee,  or  with  the  City  Clerk  in  case  of  a  city  office. 


280 

including  Judge  of  the  City  Court,  or  member  of  the  City  Committee, 
by  the  candidate  in  substantially  the  following  form: 

State  of  Indiana  1 

/  ss* 
County  of J 


,  the  undersigned,  do  hereby  certify  that  I  am  a  qualified  voter 

of precinct  of  the  township  of 

of  the ward  of  the  city  or  town  of 

County  of State  of  Indiana,  and  that  I  am  a 

member  of  the party  and  reside  at  No 

on Street,  and  request  that  you  place  my  name 

on  the  official  primary  ballot  to  be  voted  on  for  the  office  of 

at  the  primary  election  to  be  held  on  the 

day  of 19 . . . . ,  as  representing  the  principles  of 

the   party. 

Filed  in  the  office  of .this day  of 

,19 . 


(Sec.  7054m,  Burns  R.  S.  1921.) 

[Approved  March  8,  1915.] 

412.  President — United  States  Senator — Governor — Preferential  Vote. 

14.  For  the  purpose  of  enabling  every  voter  to  express  his  choice 
for  the  nomination  of  candidates  for  President,  Vice-President,  United 
States  Senator  and  Governor,  the  names  of  such  candidates,  as  person- 
ally or  through  their  representative  at  l^east  sixty  days  before  the  pri- 
mary file  a  written  request  with  the  Secretary  of  State  that  their  names 
be  printed  on  the  ballot,  shall  be  placed  upon  the  primary  ballot  of  the 
party  whose  nomination  the  candidate  is  seeking.  Before  any  such 
name  is  printed  on  the  ballot  a  petition  therefor  signed  by  at  least 
five  hundred  voters  of  the  State,  asking  that  such  name  shall  be  so 
printed  on  the  ballot,  and  that  they  desire  to  vote  for  such  candidate 
shall  accompany  such  request,  and  a  receipt  of  the  Treasurer  of  State 
for  the  fee  by  the  preceding  section  required  to  be  paid.  (Sec.  7054n, 
Bums  R.  S.  1921.) 

[Approved  March  8,  1917.] 

413.  Ballots— Form  of. 

15.  At  all  the  primaries  there  shall  be  an  Australian  ballot  made 
up  of  the  several  party  tickets  herein  provided  for.  Provided,  There  shall 
be  as  many  separate  tickets  as  there  are  parties  entitled  to  participate 
in  the  primary.  The  name  of  each  candidate  shall  be  printed  on  the 
official  ballot  under  a  designation  of  the  office  for  which  he  is  a  candi- 
date. The  name  of  no  other  candidate  shall  be  printed  or  written 
thereon.  The  ticket  of  each  party  shall  be  printed  on  a  different 
colored  ballot.  The  official  ballot  for  the  primary  shall  be  prepared 
by  the  Election  Commissioners,  and  shall  state  the  number  of  candi- 
dates for  each  office  for  which  an  elector  is  entitled  to  vote.    Such  bal- 


281 

lot  shall  contain  the  names  of  all  candidates  for  the  respective  offices 
for  whom  nomination  papers  have  been  filed.  At  such  primary  elec- 
tion such  elector  may  vote  for  each  office  designated  as  there  shall 
be  persons  to  be  elected  to  that  office  at  the  ensuing  election.  The 
official  ballot  shall  be  printed  in  substantially  the  form  following: 

"A" 

Official  Primary  Ballot. 

Party. 


To  vote  for  a  person  make  a  cross  (X)  after  his  name  in  the  proper 
column  as  follows: 

Vote  for  one  only.  Vote  for  one  only. 

Representative  in  Congress  State  Senators. 

(12)  A.  B (51)     A.  B 

(13)  CD (52)     CD 

(14)  E.  F (53)     E.  F 

(15)  G.  H (54)     G.  H 


Judge  Circuit  Court.  Clerk  Circuit  Court. 

(16)  A.  B (55)     A.  B 

(17)  C  D (56)     CD 

(18)  E.  F (57)     E.  F 

(19)  G.  H (58)     G.  H 


And  so  on  in  like  manner  for  all  the  officers,  for  whom  nomination 
papers  have  been  filed.     (Sec.  7054o,  Bums  R.  S.  1921.) 

[Approved  March  8,  1915.] 
414.     Names  on  Ballot — Election  Commissioners. 

16.  The  Election  Commissioners  shall  arrange  the  names  of  all 
candidates  for  each  office  for  whom  nomination  papers  have  been  filed 
under  the  designation  of  the  office,  in  alphabetical  order  according  to 
surnames.  On  the  left  margin  of  the  ballot  for  each  political  party  the 
name  of  uppermost  candidate  for  nomination  as  printed  shall  be  number 
12,  and  the  next  13,  and  the  next  14,  and  so  on  consecutively,  to  the 
end  of  the  ballot:  Provided,  In  every  case  where  four  (4)  or  more 
persons  are  candidates  for  nomination  for  the  same  office  except  a 
precinct  office  at  a  direct  primary  election,  the  number  of  ballot  forms 
required  shall  be  divided  into  sets  equal  to  the  greatest  number  of 
candidates  for  any  oije  office  on  said  ballot  and  the  names  of  said  can- 
didates with  their  respective  numbers  for  each  office  when  the  number 
of  said  candidates  is  equal  to  four  (4)  or  more  shall,  beginning  with 
a  form  arranged  in  alphabetical  order  as  heretofore  provided  in  this 
section  be  rotated  by  removing  one  name  with  its  number  from  the 
top  of  the  list  for  each  office  and  by  placing  said  name  with  its  num- 
ber at  the  bottom  of  said  list  for  each  successive  set  of  ballot  forms. 
As  nearly  as  possible  an  equal  number  of  ballots  of  each  set  shall  be 
delivered  to   each   election  precinct.     Sample  ballots   shall   be  printed 


282 

from  the  first  or  official  form  of  ballot  only.     (Sec.  7054p,  Burns  R.  S. 
1921.) 

415.  List  of  Candidates  Certified  to  Clerk  Circuit  Court. 

17.  At  least  twenty  (20)  days  before  any  county  primary  preceding 
a  general  election,  the  Secretary  of  State  shall  transmit  to  the  Clerk 
of  the  Circuit  Court  of  each  county  a  certified  list  containing  the  names 
and  postoffice  addresses  of  each  person  for  whom  declarations  of  candi- 
dacy have  been  filed  in  his  office,  and  entitled  to  be  voted  for  at  such 
primary,  together  with  designation  of  the  office  for  which  he  is  a  can- 
didate, and  the  party  he  represents.  The  Clerk  of  the  Circuit  Court 
shall  forwith  [forthwith]  upon  receipt  thereof  publish  under  the  proper 
party  designation  the  title  of  each  office,  the  names  and  addresses  of 
all  persons  for  whom  nomination  papers  have  been  filed,  or  all  offices, 
giving  the  names  and  addresses  of  each,  the  date  of  the  primary,  and 
the  hours  during  which  the  polls  will  be  open.  It  shall  be  the  duty  of 
the  Clerk  of  the  Circuit  Court  to  publish  such  notice  for  two  (2)  con- 
secutive weeks  prior  to  said  primary  in  two  papers  each  of  the  two 
leading  political  parties  of  the  county,  if  there  be  such  papers,  and 
if  no  such  papers  then  the  chairman  of  each  of  such  parties  shall  desig- 
nate a  paper  in  which  such  notice  shall  be  printed.  The  Clerk  of  the 
Circuit  Court  shall  immediately  mail  copies  of  the  notice  to  each  Town- 
ship Trustee  of  his  county,  who  shall  immediately' post  copies  of  same 
in  at  least  three  (3)  public  places  in  each  precinct  in  his  township, 
designating  therein  the  location  of  the  polling  booth  in  each  election 
precinct.  In  the  case  of  a  city  election  the  duties  imposed  by  this 
section  shall  be  performed  by  the  city  clerk.  (Sec.  7054q,  Burns  R.  S. 
1921.) 

416.  Withdrawals,  by  Candidates. 

18.  Any  person  who  shall  file  notice  of  his  candidacy  as  hereinbefore 
provided  for  any  office  for  which  nominations  are  to  be  made  at  a 
primary,  may  at  any  time,  not  less  than  twenty-five  (25)  days  before 
the  day  set  for  holding  the  primary,  notify  in  writing,  the  officer  with 
whom  his  name  has  been  filed,  that  he  is  not  a  candidate  and  does  not 
wish  his  name  to  appear  on  the  official  primary  ballot  as  a  candidate. 
Upon  receipt  of  the  notice  by  such  officer,  he  shall  withdraw  the  for- 
mer declaration  from  the  files  and  shall  not  certify  the  name  of  the 
person  as  a  candidate  to  be  voted  for  at  the  primary.  If  a  withdrawal 
shall  leave  no  candidate  for  office,  then  the  officer  shall  notify  the  chair- 
man of  the  party  affected  by  such  resignation,  who  shall  call  a  meeting 
of  the  proper  committee,  which  shall  proceed  to  nominate  a  candidate 
to  fill  such  vacancy.  Said  chairman  shall  certify  the  actions  of  his 
committee  to  the  proper  officer  with  whom  such  nominations  shall  be 
filed,  and  such  name  or  names  shall  be  placed  upon  the  official  ballot 
to  be  voted  for  at  the  pirimary.     (Se#'7054r,  Bums  R.  S.  1921.) 

417.  Election  Precincts — Regular. 

19.  Election  precincts  shall  be  the  same  for  county  primary  elec- 
tions under  this  act  as  for  general  elections,  and  for  city  primaries 
the   same   as  for  municipal   elections.     The   County  Commissioners  or 


283 

City  Council,  as  the  case  may  be,  shall  give  ten  (10)  days'  notice  of  the 
place  of  voting  in  the  several  primary  precincts,  by  two  publications 
in  one  paper  of  each  of  the  two  leading  political  parties  of  the  county 
or  city  and  if  it  should  be  necessary  to  change  any  of  the  places  of 
voting  at  said  primary  election  after  the  giving  of  such  notice,  then 
notice  shall  be  given  by  like  publication,  of  such  change,  but  no  change 
shall  be  made  within  two  (2)  days  before  the  holding  of  such  pri- 
mary. Voting  booths  in  sufficient  numbers  to  accommodate  voters  of 
each  precinct  shall  be  furnished  and  used  in  the  same  manner  as  now 
provided  under  the  general  election  laws  of  this  State.  Separate  bal- 
lot boxes  of  colors  corresponding  with  the  color  of  the  ballot  shall  be 
furnished  for  each  political  party  participating  in  such  primary.  No 
primary  election  shall  be  held  in  a  room  or  adjoining  any  room  in 
which  spirituous,  vinous,  malt,  or  other  intoxicating  liquors  are  sold 
or  kept  for  sale.*  The  provisions  of  the  general  election  laws  now  or 
hereafter  in  force  relating  to  the  right  of  any  employe  to  have  suffi- 
cient time  to  attend  the  polls  and  vote  shall  .apply  to  all  primary 
elections  held  under  this  act.     (Sec.  7054s,  Bums  R.  S.  1921.) 

418.  Per  Diem  of  Election  Officials. 

20.  Each  Inspector,  Judge,  Clerk,  and  Sheriff  of  any  primary  elec- 
tion shall  be  allowed  and  paid  three  dollars  ($3.00)  for  each  day's  serv- 
ice while  attending  to  such  election  and  performing  the  duties  of  his 
office.     (Sec.  7054t,  Bums  R.  S.  1921.) 

419.  Voting  Hours. 

21.  The  polls  in  all  precincts  at  primary  elections  shall  be  open  from 
six  (6)  o'clock  a.  m.  to  six  o'clock  p.  m.  Before  receiving  the  ballot 
of  any  elector  the  inspector  of  the  precinct  shall  cause  it  to  be  pro- 
claimed, to  the  people  outside  in  a  loud  tone  of  voice  that  such  polls 
are  open;  and  when  the  polls  are  closed,  such  facts  shall  be  proclaimed 
by  the  inspectors  to  the  people  outside  in  a  loud  tone  of  voice,  and  no 
more  voters  shall  be  received  thereafter.     (Sec.  7054u,  Burns  R.  S.  1921.) 

420.  Registration  of  Voter's  Name. 

22.  Any  person  desiring  to  vote  shall  give  his  name  and  political 
party  to  the  Clerks,  who  shall  write  in  the  poll  books  the  name  and 
party  of  the  elector,  and  shall  then  deliver  to  the  elector  one  of  the 
voter's  party  ballots  provided  for  under  this  act,  and  a  blue  pencil. 
The  voter  shall  then  take  his  ballot  and  blue  pencil  into  one  of  the  elec- 
tion booths  and  mark  his  ballot  in  the  manner  provided  by  section 
twenty-three  (23)  of  this  act.  He  shall  then  fold  his  ballot  in  such 
manner  that  its  face  will  be  concealed  and  the  initials  of  the  Poll 
Clerk  seen,  and  deliver  said  ballot  to  the  Inspector  and  the  pencil  to 
the  Poll  Clerk  and  the  Inspector  shall  then  deposit  said  ballot  in  the 
ballot  box,  and  the  Clerk  shall  then  write  the  word  "voted"  opposite 
the  voter's  name  on  the  poll  book.  The  voter  shall  then  leave  the 
election  room.     (Sec.  7054v,  Bums  R.  S.  1921.) 


284 

[Section  23  Acts  1915  Repealed.] 

421.  Election  Inspectors — Administer  Oath. 

24.  Inspectors  of  primary  elections  are  hereby  authorized  and 
empowered  to  administer  all  oaths  required  in  carrying  out  the  pro- 
visions of  this  act  except  as  herein  otherwise  provided  for.  (Sec.  7054x, 
Burns  R.  S.  1921.) 

422.  Marking  Ballot — Assistance  to  Voter. 

25.  Any  voter  who  is  unable  to  mark  his  ballot  because  of  physical 
disability  may  declare  such  fact  to  the  Inspector,  whereupon  the  two 
(2)  Clerks  shall  go  with  such  voter  into  the  election  booth  and  aid 
him  in  marking  his  ballot.     Sec.  7054y,  Bums  R.  S.  1921.) 

[Approved  March  8,  1917.] 

423.  Tally  Sheets. 

26.  The  Election  Commissioners  shall  cause  to  be  printed  and  dis- 
tributed with  the  ballots,  tally  sheets  for  each  political  party  having 
candidates  to  be  voted  for  at  said  primary.  Said  tally  sheets,  shall 
contain  the  names  of  all  officers  and  candidates.  (Sec.  7054z,  Bums 
R.  S.  1921.) 

424.  Canvass  of  Votes — Returns — Certificate  of  Nomination. 

27.  Canvass  of  votes  cast  shall,  except  as  herein  otherwise  pro- 
vided, be  made  in  the  same  manner,  as  far  as  applicable,  and  by  the 
same  officers  as  the  canvass  at  a  general  election.  Such  official  tally 
sheet  upon  which  the  count  has  been  so  entered  shall  be  included  in  the 
returns  of  such  election.  The  election  boards  of  the  various  precincts 
shall  on  blanks,  to  be  provided  for  that  purpose,  make  full  and  accurate 
returns  of  the  votes  cast  for  each  candidate.  The  return  shall  set 
forth  opposite  the  name  of  each  candidate,  the  number  of  votes  cast 
for  such  candidate.  Such  tabular  statement  shall  be  substantially  in 
the  following  form,  the  name  of  candidates  to  be  arranged  thereon 
in  the  order  in  which  they  appear  upon  the  official  ballot: 

•.  precinct, township, 

county.  State  of  Indiana, party  for  rep- 
resentative in  Congress. 

The  county  canvass  of  the  returns  of  the  primary  shall  be  made 
by  the  same  officers  and  in  the  manner  provided  for  the  canvassing 
of  the  returns  of  the  general  election  except  as  herein  otherwise  pro- 
vided. At  the  close  of  the  polls  and  before  counting  the  votes  all 
mutilated  and  unvoted  ballots  of  each  party  shall  be  counted,  placed 
in  separate  bags  and  sealed.  The  number  of  unvoted  ballots  marked 
on  the  outside  of  said  bags,  which  shall  be  delivered  to  the  Clerk  of 
the  Circuit  Court  or  the  City  Clerk,  as  the  case  may  be,  by  the  Inspector 
when  he  makes  his  returns.  It  shall  be  the  duty  of  the  Election  Board 
at  the  close  of  the  count  to  place  all  voted  ballots  of  each  party  in 
separate  bags,  sealed  and  properly  labeled  showing  the  number  of 
ballots  they  contain  and  the  number  voted  but  not  counted.  It  shall 
be  the  duty  of  the  Inspector  to  deliver  the  said  bag,  as  above  provided 


285 

for,  in  good  condition  to  the  Clerk  of  the  Circuit  Court  or  the  City 
Clerk  as  the  case  may  be,  when  making  his  returns.  It-  shall  be  the 
duty  of  the  Clerk  of  the  Circuit  Court  or  City  Clerk,  as  the  case  may 
be,  to  preserve  the  same  carefully  and  keep  all  seals  intact  for  six 
(6)  months,  after  which  they  may  be  destroyed. 

Their  return  shall  contain  the  whole  number  of  votes  cast  for  each 
candidate  of  each  political  party. 

The  canvassers  shall  also  make  an  additional  duplicate  showing  the 
votes  cast  for  each  candidate  not  voted  for  wholly  within  the  limits 
of  the  country  [county].  The  Clerk  of  the  Circuit  Court  shall,  not 
later  than  the  Tuesday  succeeding  the  day  upon  which  the  primary  is 
held,  send  to  the  Secretary  of  State  by  registered  mail  one  complete 
copy  of  all  returns  as  to  such  candidates. 

The  Secretary  of  State,  State  Treasurer  and  Attorney-General  shall 
constitute  the  State  Board  of  Canvassers. 

Said  board  shall  meet  at  the  office  of  the  Secretary  of  State  at  ten 
(10)  o'clock  a.  m.  on  the  second  Friday  following  said  primary  and 
make  a  canvass  of  the  votes  cast  for  candidates  for  United  States 
Senator,  Governor,  Representatives  in  Congress  and  Judicial  Officers, 
Prosecuting  Attorney  and  members  of  the  State  Senate  and  General 
Assembly  in  districts  not  wholly  within  one  county  and  tabulate  the 
result  in  the  manner  set  out  in  this  and  the  following  sections. 

When  said  results  have  been  tabulated,  said  State  Board  of  Can- 
vassers through  the  Secretary  of  State  shall  certify  the  same  to  the 
Clerks  of  the  Circuit  Court  of  each  county  in  which  such  candidates 
are  to  be  voted  for  at  the  succeeding  general  elections  and  no  other 
form  of  certificates  for  nomination  for  such  officers  shall  be  necessary 
and  the  County  Boards  of  Election  Commissioners  shall  place  upon  the 
proper  ballots  at  the  general  election  all  the  candidates  so  certified. 

When  any  person  has  been  nominated  at  a  primary  election  held 
under  this  act,  within  a  county  or  any  municipal  subdivision  thereof 
it  shall  be  unnecessary  to  certify  his  name  as  such  candidate  to  any 
Board  of  Election  Commissioners  but  it  shall  be  the  duty  of  such  Board 
of  Election  Commissioners  to  place  his  name  on  the  ballot. 

It  shall  be  the  duty  of  the  Clerk  of  the  Circuit  Court  within  twenty 
(20)  days  after  such  primary  to  furnish  to  the  Secretary  of  State  a 
complete  list  of  all  candidates  nominated  at  such  primary  other  than 
Precinct  Committeeman,  but  including  the  names  of  all  delegates  to  the 
State  Convention  of  any  political  party,  together  with  the  postoffice 
address  of  each  such  candidate.  The  Secretary  of  State  shall  within 
ten  (10)  days  after  the  receipt  thereof  furnish  to  the  chairman  of  each 
State  Central  Committee  of  each  party  coming  under  the  provisions  of 
this  law,  a  complete  list  certified  to  under  his  hand  and  seal  of  all  can- 
didates so  nominated  and  certified  by  said  Clerks  of  the  Circuit  Courts 
together  with  their  postoffice  addresses  and  a  complete  list  of  all  con- 
ditions [candidates]  shown  to  be  nominated  by  the  canvass  of  the 
State  Board  of  Canvassers  together  with  their  postoffice  addresses  which 
shall  be  ascertained  by  said  State  Board  of  Canvassers.  Such  certifi- 
cate shall  be  made  on  blanks  to  be  prepared  for  such  purpose  and  fur- 
nished by  the  board  of  public  printing.     (Sec.  7054al,  Bums  R.  S.  1921.) 


286 

[Section  28,  Acts  1915,  Repealed^ 
^  [Approved  March  8,  1915.] 

425.  Nominees — How  Determined. 

29.  The  person  receiving  the  highest  vote  at  such  primary  as  a 
candidate  of  any  party  for  any  office,  determined  under  the  rules  herein 
provided,  shall  be  the  nominee  of  that  party  for  such  office,  and  his 
name  as  such  nominee  shall  be  placed  on  the  official  ballot  at  the 
following  election.     (Sec.  7054cl,  Burns  R.  S.  1921.) 

426.  Watchers. 

30.  Every  political  party  which  participates  in  the  nomination  of 
candidates  at  any  primary  election  may  each  appoint  one  watcher  for 
each  precinct  to  witness  the  count  of  votes.  (Sec.  7054dl,  Burns  R.  S. 
1921.) 

427.  State  Central  Committee — Fix  Date  for  State  Convention. 

31.  The  State  Central  Committee  of  each  political  committee  com- 
ing under  the  provisions  of  this  act  shall  within  six  months  after  the 
time  this  act  takes  effect  meet  and  adopt  appropriate  and  adequate  rules 
for  the  government  and  regulation  of  such  party,  which  rules  shall 
not  be  inconsistent  with  the  provisions  of  this  act.  Said  rules  shall 
provide  for  the  time  and  manner  of  the  organization  of  all  the  other 
committees  provided  for  in  this  act  for  such  parties  when  provisions 
therefor  is  not  made  herein.  Each  of  said  Central  Committees  shall 
before  the  day  of  such  March  [May]  primary  fix  a  date  for  holding  a 
State  Convention,  which  date  shall  be  within  one  hundred  and  fifty  days 
after  the  date  of  such  March  [May]  primary,  and  such  convention  shall 
be  held  at  the  city  of  Indianapolis.     (Sec.  7054el,  Bums  R.  S.  1921.) 

[Approved  March  10,  1921.] 

428.  Delegates— Basis— Elected. 

32.  Such  State  Convention  of  each  of  such  parties,  shall  consist 
of  delegates  upon  the  basis  of  one  delegate  for  each  400  votes  and  one 
delegate  for  each  fraction  of  200  or  more  votes  in  every  county  in  the 
state,  to  be  apportioned  among  the  precincts,  wards  and  townships  of 
such  county  by  the  board  of  primary  election  commissioners  of  such 
county  as  equitable  as  possible,  and  so  as  to  give  the  voters  of  each 
precinct  of  such  county  representation. 

Delegates  to  such  state  conventions  shall  be  elected  at  such  May 
primary  as  heretofore  provided  in  this  act.  (Sec.  7054fl,  Bums  R.  S. 
1921,  Acts  1921,  page  413.) 

429.  Preferential  Votes  for  President,  Etc.- — Certified. 

33.  The  Secretary  of  State  shall  certify  to  the  chairman  of  each 
of  such  parties,  the  result  of  the  preferential  vote  of  the  candidates  of 
such  party  authorized  by  section  fourteen  (14)  hereof,  which  result 
shall  be  reported  to  such  convention  by  such  chairman. 

In  case  there  has  been  a  preferential  vote  for  a  candidate  for 
President  or  Vice-President-  and  any  candidate  for  either  of  said  offices 


I 


287 

has  received  a  majority  of  the  votes  of  such  party  cast  in  such  pri- 
mary for  such  office,  the  delegates  of  such  party  to  its  National  con- 
vention shall  be  instructed  and  it  shall  be  its  [their]  duty  to  cast  their 
votes  as  a  unit  for  such  candidate  or  candidates  as  long  as  his  or  their 
names  shall  be  before  such  convention. 

In  case  there  has  been  a  preferential  vote  for  a  candidate  for 
Governor  or  United  States  Senator,  and  any  candidate  for  either  of 
such  offices  has  received  a  majority  of  the  vote  of  such  party  cast  in 
such  primary  for  such  office,  such  candidate  shall  be  declared  by  such 
convention  to  be  the  nominee  of  such  party  for  such  office.  In  case  of  a 
preferential  vote  for  candidates  for  any  of  such  offices  and  no  candi- 
date for  such  office  receives  such  majority  such  preferential  vote  shall  be 
disregarded.  To  determine  whether  any  such  candidate  has  a  majority 
the  method  of  considering  first  and  second  choice  votes  as  provided 
in  sections  27  and  28  hereof  shall  obtain.  (Sec.  7054gl,  Burns  R.  S. 
1921.) 

430.  State  Convention — Officials  to  Be  Nominated. 

34.  Such  convention  shall  nominate  candidates  of  such  party  for 
all  State  offices  to  be  voted  for  at  the  next  general  election,  except  only 
in  the  case  of  Governor  and  United  States  Senator,  when  a  nomination 
has  been  made  as  provided  in  the  last  section  hereof. 

Such  convention  shall  also  nominate  candidates  for  Presidential 
Electors,  Alternate  Electors,  and  it  shall  elect  the  delegates  and  alter- 
nate delegates  of  such  party  to  its  National  Convention:  Provided, 
Such  party  by  appropriate  rules  may  permit  the  delegates  from  the  sev- 
eral congressional  districts  to  select  their  own  candidates  from  such  dis- 
trict for  Elector  and  Alternate  Elector,  and  their  own  delegate  and 
alternate  delegate. 

Such  convention  shall  also  formulate  its  party  platform.  (Sec. 
7054hl  Burns  R.  S.  1921.) 

431.  Nominations  for  Delegates. 

35.  All  nominations  for  delegates  to  such  State  convention  shall 
be  made  by  petition  as  hereinafter  provided,  which  petition  or  petitions 
shall  be  filed  not  less  than  twenty  days  before  the  March  primary  with 
the  Clerk  of  the  Circuit  Court.  Any  ten  legal  voters  of  any  one  party 
in  any  county  affected  by  this  act,  may  file  such  nominating  petition, 
and  the  names  of  the  petitioners  shall  be  signed  in  ink  and  the  resi- 
dence of  each  petitioner  shall  be  set  opposite  his  name. 

Said  petition  shall  state  the  party,  territorial  unit  and  convention 
for  which  said  delegates  are  nominated,  and  some  one  of  said  petitioners 
shall  make  and  subscribe  to  an  oath,  to  be  attached  to  said  petition, 
before  some  officer  authorized  to  administer  oath  in  the  State  of  In- 
diana that  he  supported  a  majority  of  the  candidates  of  said  party  at 
the  last  preceding  election,  and  that  he  intends  to  support  a  majority 
of  said  party's  candidates  at  the  next  general  election;  that  he  believes 
to  the  best  of  his  knowledge  ^nd  belief  that  each  person  signing  said 
petition  supported  a  majority  of  the  candidates  of  said  party  at  the  last 
preceding  election  and  that  each  intends  to  support  a  majority  of  said 


288 

party's  candidates  at  the  next  general  election.     Said  petition  shall  be 
dated  and  shall  be  substantially  in  the  following  form: 

,  Indiana, ,  19 . . 

To  the  Clerk  of  the  Circuit  Court: 

We,  the  undersigned  residents  and  legal  voters  of 


party,  in County,  Indiana,  hereby  nominate  the 

following  named  persons  as  candidates  for  delegates  from 

ward,  in city   (or township)   in 

county  to  be  voted  for  in  said  ward  or  township  at 

a  primary  election  to  be  held  by  precincts  in  said  county  on  the  second 

Tuesday  in  the  month  of  May,  19. . ,  to  attend  the 

(here  insert  name  of  convention)  convention  of party. 

As  Delegates. 

For ward  in  the  city  or  town  of 

Name.  Residence. 


For township  outside  of city  or  town. 

Name.  Residence. 


For .township. 

Name.  Residence. 


Petitioners. 
Name.  Residence. 


State  of  Indiana, 
County  of 


>ss: 


being  first  duly  sworn  on  his  oath 

deposes  and  says  that  he  is  one  of  the  signers  of  the  above  and  fore- 
going petition  nominating  delegates;  and  affiant  says  that  he  is  over 
the  age  of  21  years  and  is  a  bona  fide  resident  of 


289 

County,  and  a  legal  and  qualified  voter  in  said  county;  affiant  further 

says  that  he  supported  a  majority  of  the  candidates  of 

party  at  the  last  preceding  election  and  that  he  intends  to  support  a 
majority  of  said  party's  candidates  at  the  next  general  election;  affiant 
further  says  that  each  signer  to  said  petition,  to  the  best  of  his  informa- 
tion and  belief,  is  a  bona  fide  resident  of  said  county  and  over  the  age 
of  21  years,  and  that  each  signer  is  a  qualified  and  legal  voter  in  said 
county;  and  that  each  of  said  petitioners,  to  the  best  of  his  information 

and  belief,  supported  a  majority  of  the  candidates  of 

party  at  the  last  preceding  election,  and  that  each  said  petitioner  in- 
tends to  support  a  majority  of  said  party's  candidates  at  the  next  gen- 
eral election.  Affiant  further  says  that  the  signatures  of  said  peti- 
tioners are  genuine,  and  to  the  best  of  his  knowledge  and  belief  the 
persons  so  signing  were,  at  the  time  of  signing  said  petition,  qualified 
voters  of  the  county  in  which  said  candidates  for  delegates  reside. 


Subscribed  and  sworn  to  before  me  this day  of , 

19.... 

•  • 

Notary  Public. 

My  commission  expires 

(Sec.  7054il,  Bums  R.  S.  1921.) 

432.     Candidate  for  Delegate — May  Withdraw. 

36.  Any  person  who  shall  be  nominated  as  a  candidate  for  a  dele- 
gate to  such  State  convention  may,  not  less  than  ten  days  before  a 
primary,  notify  in  writing  the  Board  of  Primary  Election  Commissioners 
that  he  is  not  a  candidate  for  delegate  and  does  not  wish  his  name  to  ap- 
pear on  the  official  primary  ballots  as  a  candidate.  Upon  receipt  of  such 
notice  in  writing  by  such  officers  they  shall  withdraw  the  name  of  such 
person  from  the  nominating  petition,  and  shall  not  certify  the  name  of 
such  person  as  candidate  for  delegate  at  such  primary  election,  and  the 
name  of  such  person  shall  not  be  permitted  to  appear  on  the  official 
primary  ballot  as  a  candidate:  Provided,  however.  That  in  the  event 
any  person  shall  notify  the  board  of  Primary  Election  Commissioners 
to  withdraw  his  name  as  candidate  for  delegate,  said  board  shall  at 
once  notify  the  signer  of  said  petition,  who  subscribed  to  same,  by 
registered  mail,  and  any  time,  not  less  than  six  days  prior  to  said  pri- 
mary, said  signer  of  said  petition  shall  have  the  right  to  substitute  the 
name  of  some  legal  voter  in  the  place  of  the  person  withdrawing:  Pro- 
vided, however.  That  no  person  shall  be  selected  to  fill  a  vacancy  on  a 
nominating  petition  unless  such  person  shall  reside  in  the  same  ward  or 
township  as  the  person  who  withdrew,  and  any  person  so  selected  by  the 
said  signer  of  the  petition  shall  be  a  member  of  the  party  named  in 
the  body  of  the  petition.     (Sec.  7054J1,  Bums  R.  S.  1921.) 

19—22129 


290 

433.  County  Furnishes  Supplies. 

37.  All  ballots,  blanks  and  other  supplies  to  be  used  at  such  pri- 
mary and  all  expenses  necessarily  incurred  in  the  preparation  for  or 
conducting  such  primary  shall  be  paid  out  of  the  county  treasury,  in 
the  same  manner,  with  like  effect,  and  by  the  same  officers,  as  in  cage 
of  general  election.     (Sec.  7054kl,  Burns  R.  S.  1921.) 

434.  Publications  Required. 

37^/^.  Every  publication  required  in  this  act  shall  be  made  in  two 
newspapers  of  general  circlation  in  such  county.  One  of  such  news- 
papers shall  represent  the  political  party  that  cast  the  largest  vote  in 
such  county  or  city  at  the  preceding  general  election,  and  one  of  such 
papers  shall  represent  the  political  party  that  cast  the  next  largest  vote 
in  such  county  or  city  at  the  preceding  election  and  if  no  such  paper, 
then  in  a  paper  designated  by  the  chairman  of  such  party.  In  any  case 
where  the  publication  of  a  notice  can  not  be  made  as  hereinbefore  re- 
quired, it  may  be  made  in  any  paper  having  a  general  circulation  in 
the  county  in  which  the  notice  is  required  to  be  published.  (Sec.  705411, 
Bums  R.  S.  1921.) 

435.  Penalty  for  Fraudulent  Voting. 

38.  Whoever,  not  having  the  legal  qualifications  of  a  voter  at  any 
primary  election  authorized  by  law  to  be  held  in  the  State,  votes,  or 
offers  to  vote,  at  such  primary  election,  shall  be  fined  not  more  than 
one  hundred  dollars  nor  less  than  ten  dollars,  or  imprisoned  in  the 
county  jail  not  more  th^i  one  year  nor  less  than  one  month,  or  both, 
and  disfranchised  and  rendered  incapable  of  holding  any  office  of  trust 
or  profit  for  any  determinate  period. 

Whoever  knowingly  votes  or  offers  to  vote  at  primary  election  in 
any  precinct  except  the  one  in  which  he  resides  shall  be  fined  not 
more  than  one  hundred  dollars  nor  less  than  ten  dollars,  or  imprisoned 
in  the  county  jail  not  more  than  one  year  nor  less  than  one  month,  or 
both,  and  disfranchised  and  rendered  incapable  of  holding  any  office  of 
trust  or  profit  for  any  determinate  period.  (Sec.  7054ml,  Burns  R.  S. 
1921.) 

436.  Repeating — Penalty. 

39.  Whoever  votes  more  than  once  at  a  primary  election  in  this 
State  either  at  the  same  precinct  or  at  different  precincts,  shall  be  fined 
not  more  than  five  hundred  dollars  nor  less  than  ten  dollars,  imprisoned 
in  the  State  prison  not  more  than  two  years  nor  less  than  one  year, 
and  disfranchised  and  rendered  incapable  of  holding  any  office  of  trust 
or  profit  for  any  determinate  period.     (Sec.  7054nl,  Burns  R.  S.  1921.) 

437.  Printer  Secretly  Giving  Ballots — Penalty. 

40.  If  the  printer  of  ballots  for  any  election,  or  any  person  em- 
ployed in  printing  the  same,  shall  give  or  deliver,  or  knowingly  per- 
mit to  be  taken  any  of  said  ballots,  by  any  person  other  than  a  member 
of  the  Board  of  Primary  Election  Commissioners  or  cause  or  permit  to 
be  printed  any  ballot  in  any  other  form  than  the  one  prescribed  by 


291 

this  act,  or  with  other  names  thereon  or  with  the  name  spelled  or  the 
names  thereon  arranged  any  other  way  than  that  authorized  by  the 
said  Board  of  Primary  Election  Commissioners,  he  shall  be  guilty  of  a 
felony,  and  on  conviction  thereof  shall  be  imprisoned  in  the  State  peni- 
tentiary not  less  than  three  nor  more  than  ten  years,  and  be  disfran- 
chised for  any  determinate  period  not  less  than  ten  years.  (Sec.  7054ol, 
Burns  R.  S.  1921.) 

438.     Officials  Furnishing  Ballots  Fraudulently. 

41.  If  any  member  of  the  Board  of  Primary  Election  Commissioners 
shall  give  or  deliver  to  any  person  any  of  the  ballots  therefor,  or  shall 
permit  any  of  them  to  be  taken  away  except  as  herein  provided,  he 
or  they  shall  be  guilty  of  a  felony,  and  on  conviction  shall  be  punished 
by  imprisonment  in  the  State  penitentiary  for  not  less  than  one  nor 
more  than  five  years  and  be  disfranchised  for  any  determinate  period 
not  less  than  ten  years.     (Sec.  7054pl,  Burns  R.  S.  1921.) 

4.39.     Removal  of  Election  Supplies — Penalty. 

42.  If  any  person  shall  take  or  remove  in  any  manner  feloniously 
or  with  the  consent  or  permission  of  the  custodian  for  the  time,  from 
any  place  where  they  may  lawfully  be  under  this  act,  any  of  such  bal- 
lots or  pencils  to  be  used  in  the  primary  (except  as  an  official  or 
custodian  under  this  act,  or  while  within  the  polling  place  for  the 
purpose  of  voting) ;  or  if  any  such  custodian  or  official  shall  consent  to, 
or  permit  any  of  such  ballots  or  pencils  to  be  removed  or  carried  away 
from  the  place  where  they  may  lawfully  be,  by  any  person,  except  an 
official  or  custodian  under  this  act,  whose  duty  it  is  to  receive  the  same, 
such  persons,  custodian  or  official  shall  be  deemed  guilty  of  a  felony, 
and  on  conviction  shall  be  punished  by  imprisonment  in  the  penitentiary 
for  not  less  than  one  year  nor  more  than  five  years,  and  may  be  dis- 
franchised for  any  determinate  period  not  less  than  ten  years.  (Sec. 
7054ql,  Bums  R.  S.  1921.) 

440.  Inspector — Failure  to  Appear. 

43.  Any  inspector  who  shall  wilfully  or  negligently  fail  to  appear 
at  the  proper  clerk's  office  in  [person]  or  by  representative,  not  less 
than  one  day  nor  more  than  three  as  herein  provided,  shall  be  guilty 
of  a  misdemeanor,  and  on  conviction  shall  be  fined  not  less  than  ten  dol- 
lars ($10.00)  nor  more  than  one  hundred  dollars  ($100.00)  and  shall 
thereafter  be  incompetent  to  serve  as  an  inspector.  (Sec.  7054rl,  Bums 
R.  S.  1921.) 

441.  Affidavit  as  to  Illegal  Voting. 

44.  If  at  any  time  during  a  primary  election  any  qualified  elector 
shall  make  affidavit  before  the  Inspector  that  any  person  who  has  voted 
is  an  illegal  voter  in  such  precinct,  the  person  accused  shall  at  once 
be  arrested  by  the  Election  Sheriff  or  other  peace  officers  and  by  them 
delivered  to  the  civil  authorities.  Immediately  after  the  close  of  the 
election  the  Inspector  shall  deliver  such  affidavit  to  some  justice  of 
the  peace  in  the  township,  who  shall  proceed  thereon  as  if  the  affidavit 
had  been  made  before  him.     (Sec.  7054sl,  Burns  R.  S.  1921.) 


292 

442.  Perjury — What  Constitutes. 

45.  Whoever  shall  knowingly  or  wilfully  make  a  false  affidavit 
under  any  of  the  provisions  of  this  act,  shall  be  deemed  guilty  of  perjury. 
If  any  Inspector,  Clerk  or  other  person  intrusted  with  the  custody  or 
control  of  any  ballot  or  ballots,  either  before  or  after  they  have  been 
voted,  shall  in  any  way  mark,  mutilate  or  deface  any  ballot  or  place 
any  distinguishing  mark  thereon  either  for  the  purpose  of  identifying 
the  same  (except  by  numbering  protested  ballots  for  future  refer- 
ence as  herein  provided  for),  or  for  the  purpose  of  vitiating  the  same, 
he  shall  be  guilty  of  a  felony,  and  on  conviction .  shall  be  imprisoned  in 
the  State's  prison  not  more  than  five  nor  less  than  one  year  and  fined 
in  any  sum  not  exceeding  one  thousand  dollars  (31,000.00).  Sec.  7054tl, 
Bums  R.  S.  1921.) 

443.  Destruction  of  Supplies — Penalty. 

46.  Any  Clerk,  Inspector  or  other  person  intrusted  with  the  cus- 
tody of  the  ballots  for  use  at  the  primary  who  shall  open  any  of  the 
packages  in  which  the  said  ballots  are  contained,  or  permit  them  to  be 
destroyed,  or  give  or  deliver  any  such  packages  of  ballots  to  any  person 
not  lawfully  entitled  to  receive  them,  as  herein  provided;  or  conspire 
to  procure,  or  in  any  way  aid,  abet  or  connive  at  any  robbery,  loss  or 
destruction  of  any  such  ballots  or  packages,  shall  be  guilty  of  a  felony, 
and  on  conviction  sliall  be  punished  by  imprisonment  in  the  State  prison 
for  not  less  than  three  nor  more  than  ten  (10)  years,  and  be  dis- 
franchised for  any  determinate  period  not  less  than  ten  (10)  years. 
(Sec.  7054ul,  Burns  R.  S.  1921.) 

444.  Distinguishing  Mark. 

47.  If  any  person  shall  induce  or  attempt  to  induce  any  voter  at 
a  primary  election  to  write,  paste  or  otherwise  place  on  his  ballot  any 
sign  or  device  of  any  kind  as  a  distinguishing  mark  on  the  ballot  whether 
or  not  said  act  be  conamitted  or  attempted  to  be  committed,  such  per- 
son so  offending  shall  be  guilty  of  a  felony,  and,  on  conviction,  be  im- 
prisoned not  more  than  five  (5)  nor  less  than  one  (1)  year  in  the 
State's  prison.     (Sec.  7054vl,  Burns  R.  S.  1921.) 

445.  Influencing  Voters. 

48.  If  any  person  shall,  directly  or  indirectly,  give,  offer  or  promise 
to  give,  to  any  elector,  any  money,  property  or  other  thing  of  value, 
for  the  purpose  of  preventing,  influencing,  inducing  or  procuring  such 
elector  to  refrain  from  voting  or  to  remain  away  from  the  polls  at  any 
primary  election,  such  person  so  offending  shall  be  guilty  of  felony,  and, 
on  conviction,  be  imprisoned  not  more  than  five  (5)  years  nor  less  than 
six  months  and  be  disfranchised  for  any  determinate  period  not  less  than 
ten  (10)  years.     (Sec.  7054wl,  Bums  R.  S.  1921.) 

446.  Bribery— Penalty. 

49.  If  any  person  shall  give  or  offer  to  give,  directly  or  indirectly, 
any  money,  property,  or  other  thing  of  value  to  any  elector  to  influence 
his  vote  at  a  primary  election;  or  if  any  person  shall,  at  such  election. 


293 

solicit,  furnish  or  receive  any  money  or  other  means  for  such  purpose, 
or  shall  aid,  advise,  counsel  or  suggest  to  any  person,  or  to  persons 
generally,  to  use  or  procure  any  money,  or  other  means  to  be  used  to 
induce,  hire  or  buy  any  person  or  persons  to  vote  or  refrain  from  voting 
for  any  candidate  or  candidates  or  to  remain  away  from  the  polls  at 
any  primary  election,  whether  or  not  any  such  person  shall  act  upon 
any  such  counsel,  advice  or  suggestion,  such  person  so  offending  shall  be 
guilty  of  felony,  and  on  conviction  be  imprisoned  for  not  more  than  five 
(5)  years  nor  less  than  six  months  and  be  disfranchised  for  any  deter- 
minate period  not  less  than  ten  (10)  years.  (Sec.  7054x1,  Bums  R.  S. 
1921.) 

447.  Informers — Not  to  Be  Prosecuted. 

50.  If  any  person  who  has  been  guilty  of  giving  money  or  other 
thing  of  value  to  another  or  others  for  the  purpose  of  influencing  his 
or  their  vote  at  a  primary  election,  or  use  in  influencing  the  vote  of 
another  shall  inform  upon  and  testify  against  the  person  or  persons 
receiving  the  money  in  a  prosecution  therefor,  the  person  so  informing 
and  testifying  shall  not  be  thereafter  prosecuted  for  his  guilt  or  con- 
nection with  the  transaction:  and  if  any  person  who  has  received  money 
or  other  thing  of  value  from  another  or  others  f(  i  the  purpose  of 
influencing  his  vote  at  any  primary  election,  or  for  the  purpose  of  being 
used  to  influence  the  vote  of  others,  shall  inform  upon  or  testify,  against 
the  person  or  persons  from  whom  he  received  the  same,  in  a  prosecu- 
tion for  such  giving,  such  person  so  informing  and  testifying  shall  not 
be  thereafter  prosecuted  for  his  guilt  in  connection  with  the  transaction. 
(Sec.  7054yl,  Bums  E.  S.  1921.) 

448.  Furnishing  Information  as  to  Voters. 

51.  If  any  person,  being  a  member  of  a  primary  election  board  or 
otherwise  entitled  to  the  inspection  of  the  ballots,  shall  reveal  to  any 
other  person  how  any  elector  has  voted,  or  give  any  information  con- 
cerning the  appearance  of  any  ballot  voted,  such  person  so  offending 
shall  be  guilty  of  a  felony,  and,  on  conviction,  shall  be  imprisoned  not 
less  than  six  (6)  months  nor  more  than  five  (5)  years  in  the  state 
prison,  and  be  disfranchised  for  any  determinate  period  not  less  than 
ten  (10)  years.     (Sec.  7054zl,  Burns  R.  S.  1921.) 

449.  Tampering  with  Election  Officials. 

52.  If  any  person  shall  induce,  or  attempt  to  induce,  any  member 
of  a  Primary  Election  Board  to  violate  any  of  the  provisions  of  the 
preceding  section  or  sections,  whether  or  not  such  member  of  the  Elec- 
tion Board  shall  violate  or  attempt  to  violate  any  of  the  provisions  of 
this  act,  such  person  so  offending  shall  be  guilty  of  felony,  and  on  con- 
viction shall  be  imprisoned  in  the  State  prison  not  less  than  one  (1)  year 
nor  more  than  five  (5)  years,  and  be  disfranchised  for  any  determinate 
period  not  less  than  ten  (10)  years.     (Sec.  7054a2,  Bums  R.  S.  1921.) 

450.  Destruction  of  Property. 

53.  Any  person  who  shall,  during  the  primary  election,  remove  or 
destroy  any  of  the  supplies  or  other  conveniences  placed  in  the  booths 


294 

as  aforesaid,  or  shall  during  the  primary  election  destroy  or  remove 
any  booth,  railing  or  other  convenience  provided  for  such  election,  or 
shall  induce  or  attempt  to  induce  any  person  to  commit  any  of  such  acts, 
whether  or  not  any  of  such  acts  are  committed,  shall  be  guilty  of  a 
misdemeanor,  and  on  conviction  shall  be  punished  by  imprisonment  for 
not  less  than  six  (6)  months  nor  more  than  one  (1)  year  and  be  dis- 
franchised for  any  determinate  period  not  less  than  ten  (10)  years.  No 
officer  of  a  primary  election  shall  disclose  to  any  person  the  name  of 
any  candidate  for  whom  an  elector  has  voted.  No  officer  of  a  primary 
election  shall  do  any  electioneering  on  primary  election  day.  No  person 
whatever  shall  do  any  electioneering  on  primary  election  day  within  any 
polling  place.  No  person  shall  apply  for  or  receive  any  ballot  for  the 
primary  in  any  polling  place  other  than  in  which  he  is  entited  to  vote. 
No  person  shall  show  his  ballot  after  it  is  marked,  to  any  person  in 
such  a  way  as  to  reveal  the  contents  thereof  or  the  name  of  any  candi- 
date or  candidates  for  whom  he  has  marked  his  vote;  nor  shall  any 
person  examine  the  ballot  which  any  person  has  presented  for  voting 
or  solicit  the  voter  to  show  the  same.  No  person,  excepting  the  In- 
spector of  a  primary  election  or  the  member  of  the  board  who  may  be 
temporarily  acting  for  him  shall  receive  from  any  voter  a  ballot  pre- 
pared by  him  for  voting.  No  voter  shall  receive  a  ballot  to  be  used  in 
the  primary  from  any  person  other  than  one  of  the  Poll  Clerks;  nor 
shall  any  person  other  than  the  Poll  Clerk  deliver  a  ballot  to  be  used 
in  the  primary  to  an  elector  to  be  voted.  No  voter  shall  deliver  any 
ballot  to  be  voted  at  the  March  or  June  primary  to  an  Inspector  to  be 
voted  except  the  one  he  received  from  the  Poll  Clerk.  No  voter  shall 
place  any  mark  upon  his  ballot  or  suffer  or  permit  any  other  person  to 
do  so  by  which  it  may  afterwards  be  identified  as  the  one  voted  by  him. 
Whoever  shall  violate  any  provisions  of  this  section  shall  be  deemed 
guilty  of  a  felony,  and,  on  conviction,  shall  be  punished  by  imprisonment 
for  not  less  than  six  (6)  months  nor  more  than  one  (1)  year,  or  by  fine 
of  not  less  than  one  hundred  dollars  ($100.00)  nor  more  than  five  hun- 
dred dollars  ($500.00),  or  both,  and  be  disfranchised  for  any  determinate 
period  of  not  less  than  ten  (10)  years.     (Sec.  7054b2,  Burns  R.  S.  1921.) 

451.  Public  Officials— Neglect  of  Duty. 

54.  Any  public  officer,  upon  whom  duty  is  imposed  by  this  act,  who 
shall  wilfully  neglect  or  omit  to  perform  such  duties,  or  do  any  act  pro- 
hibited thereon,  for  which  punishment  is  not  otherwise  herein  provided, 
shall  be  deemed  guilty  of  a  felony,  and,  upon  conviction,  shall  be  pun- 
ished by  imprisonment  in  the  State  prison  for  not  less  than  three  (3) 
months  nor  more  than  three  (3)  years,  or  by  a  fine  of  not  more  than 
one  thousand  dollars  ($1,000.00),  or  by  both  fine  and  imprisonment, 
and  be  disfranchised  for  any  determinate  period  not  less  than  five  (5) 
years.     (Sec.  7054c2,  Burns  R.  S.  1921.) 

452.  Election  Affidavits — Preserved. 

55.  All  affidavits  provided  in  this  act  to  be  used  on  the  day  of 
primary  elections  at  the  several  polling  places  shall,  at  the  close  of  the 
count,  be*  placed  in  a  strong  paper  bag,  or  envelope,  by  the  Primary 


•  295 

Election  Board,  and  securely  sealed  by  them,  each  member  endorsing 
his  name  on  the  back  of  such  back  [bag]  or  envelope.  Such  bag  or 
envelope  shall  be  delivered  within  three  (3)  days  after  the  election  by 
the  Inspector  to  the  Clerk  of  the  Circuit  Court  of  the  county,  whose 
duty  it  shall  be  to  carefully  preserve  the  same,  and  deliver  it,  with  the 
seal  unbroken,  to  the  foreman  of  the  grand  jury  when  next  in  session. 
It  shall  be  the  duty  of  such  grand  jury  to  inquire  into  the  truth  or 
falsity  of  such  affidavits.     (Sec.  7054d2,  Bums  R.  S.  1921.)  . 

453.  Voting  Machines. 

56.  K  in  any  county  or  city  voting  machines  shall  have  been  adopted 
under  the  laws  of  this  State,  and  shall  be  on  hand  for  use  at  the  general 
or  city  election,  such  machines  may,  by  order  of  County  Commissioners, 
or  ordinance  of  the  City  Council,  be  adopted  whenever  practicable  for 
use  at  the  primary  election  in  such  county  or  city  and  used.  When  so 
adopted  all  provisions  of  the  laws  of  this  State  providing  for  or  applying 
to  their  use  at  elections  not  inconsistent  with  the  provisions  of  this  act, 
and  all  provisions  of  this  act,  as  far  as  applicable,  shall  apply  to  the  use 
of  such  voting  machines  at  such  primary  elections.  (Sec.  7054e2,  Burns 
R.  S.  1921.) 

454.  Adjusting  Machine. 

57.  In  any  county  or  city  where  voting  machines  are  used  in  any 
precinct  at  any  primary  election,  the  Inspector  of  such  election  in  such 
precinct,  before  permitting  any  voter  to  register  his  vote  upon  such 
machine  and  after  ascertaining  with  which  party  such  voter  affiliates 
shall  set  or  cause  the  voting  machine  to  be  set  so  that  the  voter  can 
only  vote  for  the  candidates  of  the  party  with  which  he  has  announced 
his  affiliation  and  no  other,  and  after  the  machine  is  so  set  the  voter 
shall  be  permitted  to  register  his  vote  upon  the  machine.  (Sec.  7054f2, 
Bums  R.  S.  1921.) 

455.  General  Laws  in  Force. 

58.  The  provisions  of  the  statutes  now  in  force  in  regard  to  the 
holding  of  elections  shall  apply  to  all  primaries  in  so  far  as  they  are 
consistent  with  this  act  and  especially  an  act  entitled  "An  act  concern- 
ing corrupt  practices  at  elections,  caucuses  and  primaries,  and  the  col- 
lection and  disbursement  of  campaign  funds,"  approved  March  3d,  1911, 
and  all  acts  amendatory  thereof,  the  intent  of  this  act  being  to  place 
the  primary  under  the  regulation  and  protection  of  the  laws  now  in 
force  as  to  elections.     (Sec.  7054g2,  Bums  R.  S.  1921.) 

456.  Repeal. 

59.  An  act  entitled  "An  act  concerning  primary  elections,  officers 
for  the  nomination  of  candidates  for  county,  city  and  township;  pro- 
viding for  the  election  of  Precinct  Committeemen  of  political  parties; 
providing  for  the  nominations  of  candidates  of  parties  which  at  the  last 
preceding  election  cast  ten  per  cent  or  more  of  the  total  vote  for  county, 
judicial,  legislative,  township  and  city  officers  at  such  primary  elections 
and  matters  connected  therewith;  providing  the  duties  of  Election  Com- 
missioners in  such  primary  elections;  providing  for  the  payment  of  the 


296  • 

expenses  of  such  primary  elections,  providing  penalties  for  violations  of 
the  provisions  thereof;  repealing  all  laws  in  conflict  therewith,"  approved 
March  12,  1907,  and  all  acts  amendatory  thereof  and  all  other  acts  in 
conflict  with  this  act  are  hereby  repealed.  (Sec.  7054h2,  Burns  R.  S. 
1921.) 

457.  Public  Offense. 

60.  Any  act  declared  an  offense  of  the  general  laws  of  this  State 
concerning  elections  shall  also,  in  like  cases,  be  an  offense  to  all  pri- 
maries, and  shall  be  punished  in  the  same  form  and  manner  as  therein 
provided,  and  all  the  penalties  and  provisions  of  the  law  as  to  such  elec- 
tions, except  as  herein  otherwise  provided,  shall  apply  in  such  cases 
with  equal  force,  and  to  the  extent  as  though  fully  set  forth  in  this  act. 
(Sec.  7054i2,  Burns  R.  S.  1921.) 

458.  Election  Laws  in  Force. 

61.  The  provisions  of  the  statutes  now  in  force  in  relation  to  the 
holding  of  elections,  corrupt  practices  at  elections  and  primaries,  the 
solicitation  of  voters  at  the  polls,  the  challenging  of  voters,  the  manner 
of  conducting  elections,  of  counting  the  ballots  and  making  the  return 
thereof,  and  all  other  kindred  subjects  shall  apply  to  all  primaries  in 
so  far  as  they  are  consistent  with  this  act,  the  intent  of  this  act  being 
to  place  the  primary  under  the  regulation  and  protection  of  the  laws 
now  in  force  as  to  elections.  And  in  all  cases  not  herein  specified,  it  is 
the  purpose  of  this  act  so  far  as  possible,  to  follow  the  provisions  of 
the  general  election  laws.     (Sec.  7054J2,  Burns  R.  S.  1921.) 

459.  Votes  Canvassed. 

62.  The  canvass  of  the  votes  cast  and  certification  of  the  results 
shall  be  made  in  the  same  manner  and  by  the  same  officer  as  the  canvass 
of  a  general  election.  Notice  shall  be  given  by  the  Clerks  of  the  Circuit 
Court  and  the  Secretary  of  State  to  the  chairman  of  the  party  committee 
of  the  results  as  to  candidates  in  their  respective  districts.  (Sec. 
7054k2,  Burns  R.  S.  1921.) 

[H.  450.     Approved  March  10,  1921.] 

460.  Filing  of  Declaration  of  Independent  Candidates. 

Section  1.  The  name  of  no  independent  candidate  or  of  any  per- 
son who  does  not  intend  to  affiliate  with  or  support  the  duly  chosen 
candidates  of  any  existing  and  regular  party  organization  shall  be 
printed  upon  any  official  ballot  used  at  any  general  or  municipal  elec- 
tion in  this  State  unless  such  person  or  candidate  shall,  at  least  thirty 
(30)  days  prior  to  the  date  of  the  primary  election,  file  a  declaration  with 
the  Secretary  of  State  in  the  case  of  a  candidate  for  member  of  the 
national  house  of  representatives,  member  of  the  general  assembly  or 
judicial  office;  with  the  Clerk  of  the  Circuit  Court  in  the  case  of  a 
county  or  township  office;  and  with  the  City  Clerk  in  case  of  a  city 
office,  including  judge  of  the  city  court,  in  the  same  manner  and  form 
as  now  provided  by  law.  (Acts  1921,  p.  514.  Sec.  6900a,  Bums  R.  S. 
1921.) 


CITY  AND  TOWNS 


(297) 


CHAPTER  IX. 
CITY  AND  TOWN  ELECTIONS. 

^I'-C.  SKC. 

161.  Sui-vey  and  map.  478.  Dissolution  pioceedinRs. 

1()2.  Census.  479.  Union   of  adjoining  cities  or  towns — 

163.  Survey  map  and   census  made  public.                         Procedure. 

164.  Application   to   county   commissioners.        480.  Eligible  to  office. 

165.  Hearing  and   order.  481.  Eligible  to  vote. 

166.  Notice   to   voters — County   auditor.  482.  Voting   precincts. 

167.  Polls — Hov^r  long  open.  483.  Petition — Census. 

168.  Election  board.  484.  Election  —  Board  —  Duties  —  Ballots 

169.  Election — Effect — Expenses.  — Returns.       > 

170.  Ward  boundaries.  485.  Town  becomes  city— Wards— Tei-ms  of 

171.  Corpoi-ation   election — Notice.  officers. 

172.  Election  inspectors.  486.  Officers   —   Terms  —   Jurisdiction   — 
73.  Election   precincts.                                                                Successors. 

.74.    Town   officers — Election — Term  of  of-  487.    City     judge — Election,     terms,     etc. — 

fice.  Jurisdiction. 

75.    When    elected — Tie    vote — Certificates.  488.    Water  works,  gas  works,  etc. — Bonds 
;76.    Clerk  circuit  court — Record — Fee.  — Public  utilities — Election. 

77.    Vacancy  in  board  of  trustees. 

[Acts   1905,  p.   219.     Approved  March   6,   1905.] 

461.  Survey  and  Map. 

1.  That  persons  intending  to  make  application  for  the  incorporation 
of  a  town,  as  hereinafter  provided,  shall  cause  an  accurate  survey  and 
map  to  be  made  of  the  territory  proposed  to  be  embraced  within  the 
Hmits  of  such  town.  Such  survey  shall  be  made  by  a  practical  sur- 
>  eyor,  and  shall  show  the  courses  and  distances  of  the  boundaries  of 
such  territory,  and  the  quantity  of  land  contained  therein;  and  the 
accuracy  of  the  survey  and  map  shall  be  verified  by  the  affidavit  of  the 
surveyor,  written  thereon  or  attached  thereto.  (R.  S.  1908  and  1914, 
Sec.  8975;  R.  S.  1905,  3767.) 

462.  Census. 

2.  Such  persons  shall  also  cause  an  accurate  census  to  be  taken  of 
the  resident  population  of  such  territory,  as  it  may  be  on  some  day  not 
more  than  thirty  days  previous  to  the  time  of  presenting  such  applica- 
tion to  the  board  of  commissioners,  as  hereinafter  provided;  which 
census  shall  exhibit  the  name  of  every  head  of  a  family  residing  within 
such  territory  on  such  day,  and  the  number  of  persons  then  belonging 
to  such  family;  and  the  name  of  each  real  estate  owner  residing  within 
such  territory  and  owning  real  estate  therein;  and  the  census  shall  be 
verified  by  the  affidavit  of  the  persons  taking  the  same.  (R.  S.  1908 
and  1914,  Sec.  8976;  R.  S.  1905,  Sec.  3768.  As  amended.  Acts  1913, 
p.  260.) 

463.  Survey,  Map  and  Census  Made  Public. 

3.  Such  survey,  map  and  census,  when  completed  and  verified,  shall 
be  left  at  some  convenient  place  within  such  territory,  for  examination 
by  those  having  an  interest  in  the  organization  of  such  town,  for  a  period 
of  not  less  than  twenty  days  before  the  presentation  of  the  application 
to  the  board  of  commissioners  of  the  county.  Notice  of  the  intention 
to  present  such  application  and  of  the  place  where  the  same  is  left  for. 

(299) 


300 

examination,  shall  be  given  by  publication  once  in  some  newspaper  pub- 
lished within  such  territory,  if  any  there  be,  if  not,  by  posting  in  three 
public  places  therein,  which  notice  by  publication  or  posting  shall  be 
given  not  less  than  twenty  days  before  the  first  day  of  the  regular 
session  of  the  board  of  commissioners  at  which  such  application  is  to 
be  presented.     (R.  S.  1908  and  1914,  Sec.  8977;  R.  S.  1905,  Sec. 3769.) 

464.  Application  to  County  Commissioners. 

4.  Such  application  shall  be  by  petition  to  the  board  of  commis- 
sioners of  the  county  in  which  such  territory  or  the  greater  part  thereof 
is  situated,  which  petition  shall  be  subscribed  by  not  less  than  one-third 
of  the  whole  number  of  the  qualified  voters  residing  within  such  terri- 
tory, as  shown  by  such  census,  also  by  one-third  of  the  whole  number 
of  real  estate  owners  residing  within  such  territory  and  owning  real 
estate  therein  as  shown  by  such  census.  The  petition  shall  set  forth 
the  boundaries  of  the  territory,  the  quantity  of  land  embraced  therein 
and  the  resident  population  and  the  names  of  the  resident  real  estate 
owners,  owning  real  estate  within  such  territory,  and  shall  be  verified 
by  one  or  more  of  the  petitioners.  Such  petition  together  with  the  sur- 
vey map  and  census,  shall  be  filed  with  the  county  auditor  at  or  before 
the  time  indicated  in  the  notice  of  the  application,  and  shall  by  such 
auditor  be  presented  to  such  board,  and  be  acted  upon  by  the  board  as 
soon  thereafter  as  the  same  can  be  considered.  (As  amended.  Acts  1913, 
p.  261.     R.  S.  1914,  Sec.  8978.) 

465.  Hearing  and  Order. 

5.  The  board  of  commisioners,  in  hearing  such  application,  shall 
first  require  proof  that  the  survey,  map  and  census  were  subject  to 
examination  in  the  manner  and  for  the  time  required  by  section  3  of 
this  act,  and  that  the  notice  in  said  section  prescribed  was  duly  given; 
and  if  such  board  be  satisfied  that  the  requirements  of  this  act  have 
been  fully  complied  with,  it  shall  make  an  order  declaring  that  such 
territory  shall,  with  the  assent  of  the  qualified  voters  thereof,  as  here- 
inafter provided,  be  an  incorporated  town,  by  the  name  specified  in 
such  application,  provided  such  name  differ  from  that  of  every  other 
town  in  the  state;  and  the  board  shall  include  in  such  order  a  require- 
ment for  notice  of  a  meeting  of  the  qualified  voters  resident  in  the 
territory,  at  a  convenient  place  therein,  to  be  named  by  the  board, 
and  on  a  day  within  one  month  after  such  order,  to  determine  whether 
such  territory  shall  be  an  incorporated  town.  (R.  S.  1908  and  1914, 
Sec.  8979;  R.  S.  1905,  Sec.  3771.) 

466.  Notice  to  Voters— County  Auditor. 

6.  The  county  auditor,  in  pursuance  of  such  order  of  the  board, 
shall  give  ten  days'  notice  of  such  meeting  of  the  electors,  by  publication 
in  a  newspaper,  if  one  be  printed  in  such  territory;  and,  if  not,  by 
posting  copies  of  such  notice  in  not  less  than  ten  public  places  in  such 
proposed  incorporated  town,  at  least  ten  days  before  such  meeting. 
(R.  S.  1908  and  1914,  Sec.  8980;  R.  S.  1905,  Sec.  3772.) 


301 

467.  Polls— How  Long  Open. 

7.  At  the  meeting  of  the  qualified  voters,  as  herein  provided,  polls 
shall  be  opened  at  9  o'clock  in  the  forenoon  of  such  day,  and  shall  be 
kept  open  until  4  o'clock  in  the  afternoon,  when  they  shall  be  closed. 
(R.  S.  1908  and  1914,  Sec.  8981;  R.  S.  1905,  Sec.  3773.) 

468.  Election  Board. 

8.  The  voters  at  such  meeting  shall  first  proceed  to  the  election 
of  three  of  their  number  as  inspectors.  Such  inspectors,  after  being 
duly  chosen  and  qualified,  and  after  having  selected  one  of  their  num- 
ber as  clerk,  shall,  without  delay,  proclaim  to  the  meeting  that  the  polls 
are  open,  and  that  they  are  ready  to  receive  the  ballots  of  the  voters. 
(R.  S.  1908  and  1914,  Sec.  8982;  R.  S.  1905,  Sec.  3774.) 

469.  Election — Effect — Expenses. 

9.  The  qualified  voters  of  such  territory  shall  vote  by  ballots  hav- 
ing thereon  the  word  "Yes"  and  the  word  "No."  The  inspectors  shall 
make  a  statement  showing  the  vote  as  in  case  of  other  elections,  and 
shall  return  the  same  to  the  county  auditor,  to  be  laid  before  the  board 
of  commissioners  at  its  next  regular  or  adjourned  session,  or  at  any 
other  session  called  for  that  purpose".  If  the  board  be  satisfied  of  the 
legality  of  the  election,  and  that  a  majority  of  the  ballots  are  in  favor 
of  incorporation,  it  shall  make  an  order  declaring  that  such  town  has 
been  incorporated  by  the  name  adopted,  which  order  shall  embrace  a 
copy  of  the  inspector's  return  and  be  conclusive  of  such  incorporation 
in  all  suits  by  or  against  such  corporation;  and  the  existence  of  such 
town,  by  the  name  and  style  aforesaid,  shall  thereafter  be  judicially 
taken  notice  of  in  all  courts  and  places  in  this  state,  without  specially 
pleading  or  proving  the  same.  If  the  commissioners  find  that  a  ma- 
jority of  the  ballots  are  against  incorporation  they  shall  so  declare,  and 
no  further  proceedings  shall  be  had  in  relation  to  such  matter.  An 
appeal  may  be  taken  to  the  circuit  court  from  the  action  declaring  or 
refusing  to  declare  that  such  town  has  been  incorporated.  In  case  the 
town  is  not  incorporated,  all  costs  and  expenses,  including  the  expenses 
of  election  and  appeal,  if  any  be  had,  shall  be  paid  by  the  petitioners, 
who  on  filing  their  application  shall  also  file  a  bond,  payable  to  the 
State  of  Indiana  for  the  use  and  benefit  of  the  board  of  commissioners 
of  the  county,  and  to  the  approval  of  such  board,  conditioned  for  the 
payment  of  all  such  costs  and  expenses.  In  case  the  town  is  incor- 
porated, all  such  costs  and  expenses  shall  be  paid  by  the  town.  In 
case  a  majority  of  the  votes  cast  at  such  election  are  against  incor- 
poration of  said  town  then  the  board  of  commissioners  shall  not  order 
another  election  for  the  incorporation  of  such  town  until  after  the 
expiration  of  two  (2)  years  from  date  of  such  election.  (As  amended. 
Acts  1913,  p.  261.    R.  S.  1908  and  1914,  Sec.  8983.) 

470.  Ward  Boundaries. 

10.  Such  inspectors,  when  such  town  has  been  by  the  county  board 
declared  incorporated,  shall  at  once  proceed  to  divide  the  town  into  not 
less  than  three,  nor  more  than  seven  wards,  having  due  regard  to  the 


302 

equitable  apportionment  of  population  among  the  same,  and  the  con- 
venience and  contiguity  of  the  wards.  Thereafter  the  trustees  of  any 
town  incorporated  under  this  act,  may  at  any  time,  sixty  days  or  more 
preceding  the  election  for  town  officers,  redistrict  the  town  in  like 
manner.     (R.  S.  1908  and  1914,  Sec.  8984.) 

471.  Corporation  Election — Notice. 

11.  After  such  town  has  been  divided  into  wards,  the  inspectors 
shall  immediately  give  ten  days'  notice,  by  publication  in  a  newspaper, 
if  one  be  printed  within  such  town,  or  if  there  be  no  newspaper,  by 
posting  such  notice  in  one  public  place  in  each  ward,  of  an  election  to 
be  held  in  such  town,  for  the  purpose  of  electing  officers  thereof,  naming 
in  such  notice  the  place  where  and  the  day  when  such  election  shall  be  had. 
Such  place  shall  be  at  some  convenient  location  in  the  town 
and  such  day  shall  be  within  twenty  days  from  the  publication  or  post- 
ing of  such  notice.  Every  subsequent  notice  of  election  shall  be  given 
in  like  manner  by  the  clerk  of  the  town.     (R.  S.  1908  and  1914,  Sec.  8985.) 

472.  Election  Inspectors. 

12.  Such  inspectors  shall  preside  at  such  first  election,  and  be 
inspectors  thereof.  They  shall  receive  and  canvass  the  votes,  and  shall 
immediately  thereafter,  and  before  adjournment,  declare  the  election  of 
the  officers  so  chosen,  deliver  to  such  officers  certificates  of  thir  election, 
and  make  out  and  file  with  the  clerk  of  the  circuit  court  of  the  county 
in  which  such  town  is  situated  the  certified  statement  of  election  pro- 
vided for  in  section  15  of  this  act.  At  all  subsequent  town  elections 
one  inspector  for  each  voting  precinct  shall  be  appointed  by  the  board 
of  town  trustees,  and  the  judges  and  other  officers  of  each  election  board 
shall  be  selected  as  provided  by  law  for  the  selection  of  the  officers  of 
township  election  boards.  (R.  S.  1908  and  1914,  Sec.  8986;  R.  S.  1905, 
Sec.  3778.) 

473.  Election  Precincts. 

13.  In  town  elections,  after  the  first  election,  the  election  precincts 
shall,  so  far  as  practicable,  be  the  same  as  those  fixed  for  general 
elections;  and  the  opening  and  closing  of  the  polls  and  *all  other  matters 
relating  to  such  town  elections  shall  be  conducted  in  conformity  with  the 
provisions  of  the  general  election  laws  applicable  thereto.  (R.  S.  1908 
and  1914,  Sec.  8987;  R.  S.  1905,  Sec.  3779.) 

474.  Town  Officers — Election — Term  of  Office. 

1,  The  elective  officers  of  every  town  shall  be  one  (1)  trustee 
from  each  ward  and  also  a  clerk  and  a  treasurer  for  the  town  at  large: 
Provided,  That  each  trustee  shall  be  voted  for  by  all  the  electors  of  the 
town,  but  shall  be  a  resident  of  the  ward  for  which  he  is  elected:  And 
Provided,  further.  That  nothing  herein  contained  shall  prevent  the  re- 
spective offices  of  clerk  and  treasurer  from  being  held  by  the  same 
person.  The  term  of  trustee  shall  be  four  (4)  years  and  the  term  of 
clerk  and  treasurer  shall  be  two  (2)  years.  The  officers  chosen  at  the 
first   election,   hereinbefore    provided   for,   shall   hold  their   offices    until 


303 

the  first  Monday  of  January  following  the  next  regular  town  election, 
and  until  their  successors  are  elected  and  qualified.  On  the  first  Tues- 
day after  the  first  Monday  in  November  in  the  year  1917,  and  on  the 
same  day  every  two  years  thereafter,  there  shall  be  held  an  election  in 
each  town  in  this  state  for  the  election  of  the  elective  officers  of  such 
town;  and  there  shall  be  no  election  in  any  town  prior  to  that  date,  save 
only  the  first  town  election  provided  for  on  the  organization  of  towns. 
That  in  any  town  where  no  election  of  trustees  and  other  officers  was 
held  in  November,  1915,  the  term  of  the  present  incumbent  shall  expire 
at  12  o'clock  noon  on  the  first  Monday  in  Januaiy,  1918.  That  in  any 
town  where  an  election  for  trustees  and  othei  officers  was  held  in 
November,  1915;  said  election,  and  the  acts  of  ^vich  trustees  and  other 
officers  are  hereby  legalized  and  made  valid.  The  clerk  and  treasurer 
elected  on  the  first  Tuesday  after  the  first  Monday  in  November,  1917, 
shall  hold  their  respective  offices  from  the  termination  of  the  terms  of 
their  respective  predecessors  until  noon  the  first  Monday  in  January, 
1920.  In  towns  having  an  even  number  of  Trustees,  one-half  of  the 
persons  of  any  such  town  receiving  the  highest  number  of  votes  for  the 
office  of  trustee  at  the  regular  election  held  in  November,  1917,  shall 
be  regarded  as  elected  thereto  for  a  period  of  four  (4)  years  from  the 
first  Monday  in  January,  1918,  and  the  other  half  for  a  period  of  two 
(2)  years  from  said  day,  and  in  towns  having  an  uneven  number  of 
tiustees,  the  majority  of  the  persons  of  any  such  town  receiving  the 
highest  number  of  votes  for  the  office  of  trustee  at  the  regular  election 
held  in  November,  1917,  shall  serve  for  four  years  from  the  first  Mon- 
day in  January,  1918,  and  the  remainder  for  a  period  of  two  years  from 
said  day.  Thereafter  the  term  of  office  of  all  trustees  shall  be  for  four 
(4)  years.  Provided,  however,  That  where  any  town  held  an  election 
in  November,  1915,  and  certain  trustees  were  considered  elected  for  the 
term  of  four  (4)  years  from  the  first  Monday  in  January,  1916,  said 
trustees  shall  hold  their  office  for  the  term  for  which  they  were  elected, 
and  no  election  shall  be  held  for  their  successors  in  November,  1917. 
Thereafter  the  term  of  all  trustees  and  other  officers  elected  at  any 
regular  election  shall  begin  on  the  first  Monday  in  January  following 
their  election.  The  board  of  trustees  of  every  town  shall  appoint  a 
marshal  who  shall  serve  during  the  pleasure  of  the  board,  and  whose 
salary  shall  be  fixed  by  the  board.  (As  amended  Acts  1917,  p.  100. 
R.  S.  1921,  Sec.  8988.) 

475.     When  Elected— Tie  Vote— Certificates. 

15.  The  persons  in  each  ward  receiving  the  greater  number  of 
votes  as  trustees  of  such  wards;  respectively,  shall  be  declared  elected 
a  such  trustees,  and  the  persons  receiving  the  greatest  number  of  votes, 
respectively,  for  clerk,  treasurer  and  marshal,  as  designated  by  the 
ballot  for  such  office,  shall  be  declared  so  elected.  And  if  two  or  more 
persons  shall  have  an  equal  and  the  highest  number  of  votes  for  any 
such  offices,  the  inspectors  of  such  election  shall  forthwith  determine, 
by  lot  which  of  them  shall  be  declared  elected.  And  it  shall  be  the 
further  duty  of  such  inspectors  to  make  a  certified  statement,  over  their 
own  signatures,  of  the  persons  elected  to  fill  the  several  offices  in  such 


304 

town,  and  to  file  the  same  with  the  clerk  of  the  circuit  court  of  the 
county,  within  ten  days  from  the  day  of  such  election.  And  no  act 
or  ordinance  of  any  board  of  trustees  chosen  at  any  such  election  shall 
be  valid  until  the  provisions  of  this  section  are  substantially  complied 
with.     (As  amended.  Acts  1909,  p.  360.    R.  S.  1914,  Sec.  8989.) 

476.  Clerk  Circuit  Court— Record— Fee. 

16.  It  shall  be  the  duty  of  the  clerk  of  the  circuit  court  of  the 
proper  county  forthwith  to  make  a  record  of  such  certified  statement 
of  election;  for  which  service  there  shall  be  paid  the  same  fee  as  allowed 
for  similar  services  of  such  clerks  in  other  cases.  (R.  S.  1908  and  1914, 
Sec.  8990;  R.  S.  1905,  Sec.  3782.) 

477.  Vacancy  in  Board  of  Trustees. 

17.  A  vacancy  occurring  in  the  board  of  town  trustees,  or  in  any 
other  elective  office  of  such  corporation  shall  be  filled  by  appointment 
by  said  board  at  a  special  meeting  of  the  trustees,  called  for  that  pur- 
pose, of  which  meeting  not  less  than  five  days'  notice  in  writing  shall 
be  given,  to  each  member  of  said  board  of  trustees  by  the  town  clerk 
of  said  town;  but  such  appointments  if  to  fill  a  vacancy  in  the  office  of 
trustee,  shall  be  made  from  the  ward  in  which  the  vacancy  occurred, 
and  no  appointment  shall  extend  beyond  the  first  Monday  of  January 
following  the  regular  election  provided  for  in  this  act.  (As  amended. 
Acts  1911,  p.  5.    R.  S.  1914,  Sec.  8991.) 

478.  Dissolution  Proceedings. 

22.  Whenever  a  petition,  signed  by  not  less  than  two-thirds  of  all 
the  legal  voters  of  any  incorporated  town,  is  presented  to  the  board  of 
trustees  of  such  town,  duly  sworn  to  by  one  or  more  of  such  petitioners, 
asking  for  the  dissolution  of  the  corporation,  or 'for  the  change  of  its 
name,  and  in  such  petition  setting  forth  the  reasons  therefor,  the  trustees 
shall,  if  they  deem  the  reasons  stated  sufficient,  cause  an  election  by  the 
legal  voters  of  the  town  to  be  held,  to  determine  whether  the  prayer 
of  the  petition  shall  be  granted.  Such  petition  shall  be  filed  with  the 
town  clerk,  and  the  petitioners  shall  also  file  therewith  a  census  of  all 
the  legal  voters  of  the  town,  which  shall  be  taken  within  ten  days  prior 
to  the  filing  of  the  same  and  shall  embrace  only  the  names  of  such  legal 
voters  as  may  reside  therein  at  the  time  the  census  is  taken.  The  per- 
son taking  such  census  shall  attach  thereto  his  affidavit  that  the  same 
is  correct.  On  the  filing  of  such  petition  and  census,  the  clerk  shall 
give  notice  of  such  filing  and  of  the  day  of  hearing  the  same;  which 
notice  shall  be  by  publication  twice  in  a  newspaper  of  general  circula- 
tion printed  in  such  town,  the  last  of  which  publications  shall  not  be 
less  than  ten  days  before  such  hearing;  and  if  there  be  no  newspaper 
printed  in  the  town,  then  in  a  newspaper  published  at  the  county  seat 
of  the  county  in  which  such  town  is  located,  and  by  posting  copies 
thereof  in  at  least  one  public  place  in  each  of  the  wards  in  such  town. 
The  board  of  trustees  shall,  at  the  time  named  in  such  notice,,  hear  and 
consider  such  petition  and  census,  and  shall  also  consider  all  statements, 
oral  and  written,  that  may  be  presented  at  such  meeting  both  in  favor 


305 

of  and  in  opposition  to  the  granting  of  such  petition.  Thereupon  the 
board  shall  determine  whether  the  reasons  advanced  by  such  petitioners 
are  sufficient  to  justify  the  submission  of  the  question  of  dissolution  or 
change  of  name  to  the  voters  of  the  town  for  their  decision.  Any  voters 
who  signed  the  petition  may,  before  such  determination  by  the  board 
withdraw  their  names  therefrom,  and  no  names  so  withdrawn  shall  be 
counted  by  the  trustees  in  ascertaining  whether  the  petition  has  been 
signed  by  the  number  of  voters  required  by  this  section.  If  the  board 
finally  determine  to  submit  the  question  as  to  the  dissolution  or  change 
of  name  of  such  corporation  to  the  voters  of  the  town  for  their  decision, 
it  shall  fix  the  time  of  holding  an  election  for  that  purpose,  of  which 
election  the  clerk  shall  give  at  least  twenty  days'  notice,  which  notice 
as  to  publication  and  posting  shall  be  given  in  the  manner  hereinbefore 
provided  for  notice  of  the  filing  and  hearing  of  such  petition.  Such 
election  shall  be  held  in  the  several  precincts  of  such  town  and  return 
thereof  made  to  the  board  of  trustees  as  in  case  of  other  elections.  The 
voters  shall  vote  by  ballot  "on  the  question  so  submitted  to  them,  **yes" 
or  "no."  If  two-thirds  of  all  the  votes  so  cast  shall  be  in  the  affirm- 
ative, and  four-fifths  of  all  the  legal  voters  of  the  town,  as  shown  by 
the  census  taken,  shall  have  voted,  the  question  so  submitted  shall  be 
regarded  as  determined  in  the  affirmative;  and,  within  four  days  after 
the  canvass  of  the  vote  by  the  trustees,  a  statement  of  all  the  votes 
cast  at  the  election,  affirmative  and  negative,  shall  be  prepared  by  the 
town  clerk,  signed  by  the  trustees  and  attested  by  the  clerk,  and  filed  in 
the  office  of  the  clerk  of  the  circuit  court  of  the  county  in  which  such 
town  is  situated.  If  the  vote  be  in  favor  of  a  change  of  name,  the  name 
of  the  town  shall  be  changed,  accordingly,  from  and  after  the  expiration 
of  thirty  days  from  the  date  of  filing  such  report  in  the  office  of  the 
clerk  of  the  circuit  court.  If  the  vote  be  in  favor  of  a  dissolution  of  the 
coi-poration,  such  town  shall,  at  the  expiration  of  six  months  from  the 
filing  of  such  report  in  the  office  of  the  clerk  of  the  circuit  court,  cease 
to  be  a  corporation,  and  the  property  owned  by  the  corporation,  after 
payment  of  debts  and  liabilities,  shall  be  disposed  of  in  such  manner  as 
a  majority  of  the  voters  of  the  town,  at  any  special  election  there- 
for may  direct;  but  no  such  dissolution  shall  affect  the  right  of  any  per- 
son in  any  contract  to  which  such  corporation  is  a  party.  In  case  the 
prayer  of  the  petition  shall  not  be  granted,  all  costs  and  expenses  in- 
curred thereby,  including  the  expenses  of  such  election,  if  held,  shall  be 
paid  by  the  petitioners,  who,  on  filing  their  petition  and  census,  shall 
give  a  bond,  payable  to  the  board  of  trustees,  to  the  approval  of  the 
board,  and  such  sum  as  the  board  may  direct,  for  the  payment  of  all  such 
costs  and  expenses.  Any  person  aggrieved  by  the  action  of  the  board 
of  trustees  on  such  petition  and  census,  or  the  result  of  such  election, 
may  appeal  to  the  circuit  court  of  the  county  in  which  such  town  is  situ- 
ated, within  thirty  days  therefrom,  by  giving  to  the  board  written  notice 
of  such  appeal  and  by  filing  with  the  town  clerk  a  bond,  with  surety  to 
the  approval  of  the  board,  in  the  sum  of  five  hundred  dollars  condi- 
tioned that  such  appeal  will  be  duly  prosecuted  and  all  costs  thereof  be 
paid  if  the  appeal  be  decided  against  such  appellants.  The  clerk  shall 
thereupon  file  in  the  office  of  the  clerk  of  the  circuit  court  a  transcript 

20—22129 


306 

of  all  proceedings,  together  with  all  papers  in  the  case,  and  no  further 
action  shall  be  taken  by  the  board  until  such  appeal  be  heard  and  deter- 
mined. Such  appeal  shall  be  heard  by  the  circuit  court  without  a  jury. 
There  may  be  a  change  of  venue  from  the  judge,  but  not  from  the 
county.     (R.  S.  1908  and  1914,  Sec.  8996.) 

479.     Union  of  Adjoining  Cities  or  Towns — Procedure. 

241.  Where  a  city  and  a  town,  or  two  cities,  or  two  towns,  ad- 
join each  other,  they  may  be  united  provided  a  majority  of  the  qualified 
voters  voting  on  such  question  of  union,  in  each  of  such  adjoining  cor- 
porations, shall  vote  in  favor  of  such  union.  The  common  council  of  such 
city  and  the  board  of  trustees  of  such  town,  or  the  common  councils  of 
such  cities,  or  the  boards  of  trustees  of  such  towns,  as  the  case  may  be, 
shall,  by  resolution,  passed  by  each  council  or  board,  first  agree  on 
the  terms  upon  which  such  union  shall  take  place,  including  the  name 
by  which  the  united  corporation  shall  be  known  and  the  day  upon  which 
an  election  for  the  purpose  shall  be  held  in  each  of  the  adjoining  munic- 
ipalities. Notices  of  such  agreement  shall  be  given  at  least  twenty 
days  before  the  time  fixed  for  such  election,  by  publication  of  the  sanie 
for  two  weeks,  successively,  once  each  week,  in  each  newspaper  pub- 
lished in  each  of  such  corporations,  and  by  posting  printed  copies  thereof 
in  one  or  more  public  places  in  each  ward  of  each  of  such  corporations. 
Such  election  shall  be  held  in  the  voting  precincts  of  each  of  such  cor- 
porations, as  other  city  and  town  elections  are  held.  The  ballots  for 
such  election  shall  have  thereon  the  words  "yes"  and  "no,"  and  those 
electors  favoring  such  agreement  shall  vote  "yes,"  and  those  opposed, 
"no;"  and  the  election  boards  shall  report  to  their  respective  common 
councils  or  boards  of  trustees  the  result  of  such  election.  A  certified 
copy  of  the  result  of  the  election  in  each  corporation  shall  be  filed  with 
the  common  council  or  board  of  trustees  of  the  other  corporation;  and 
if  a  majority  of  the  electors,  voting  on  such  question  in  each  of  such 
corporations,  vote  in  favor  of  such  union,  then  the  two  corporations  shall 
be  united  in  accordance  with  the  terms  of  the  agreement  theretofore 
entered  into;  and  a  duly  certified  copy  of  such  agreement,  and  of  the 
result  of  such  election,  shall  be  filed  in  the  office  of  the  recorder  of  the 
county  or  counties  in  which  such  united  corporation  is  situated,  signed  by 
the  mayor  or  presiding  officer  and  attested  by  the  clerk  and  sealed  with 
the  seal  of  each  of  such  constituent  corporation;  and  copies  of  such 
record  shall  be  received  in  all  courts  and  places  as  conclusive  of  such 
union  of  such  corporations  under  the  name  so  agreed  upon.  In  case 
of  such  union,  the  new  corporation  shall  be  liable  for  all  the  debts,  con- 
tracts and  liabilities  of  the  constituent  corporations,  and  shall  be  enti- 
tled to  all  the  rights,  credits,  moneys,  effects  and  properties  theretofore 
had,  held  or  owned  by  them  or  either  of  them,  and  may  sue  and  be  sued 
in  relation  to  such  debts,  contracts,  liabilities,  rights,  credits  and  prop- 
erties by  the  name  adopted  on  such  union.  But  all  actions  pending  at 
the  time  of  such  union  shall  be  prosecuted  to  final  judgment  and  execu- 
tion, and  all  judgments  theretofore  rendered  may  be  executed  and  en- 
forced against  the  new  corporation,  without  any  change  of  the  name 
of  the  plaintiff  or  defendant.     (R.  S.  1908  and  1914,  Sec.  8895.) 


i 


307 

480.  Eligible  to  Office. 

229.  No  property  qualifications  sliail  be  necessary  to  render  any 
citizen  eligible  to  hold  any  office  of  any  municipal  corporation  in  this 
state.     (R.  S.  1908  and  1914,  Sec.  8883.) 

481.  Eligible  to  Vote. 

230.  In  all  municipal  elections,  no  other  qualifications  shall  be  re- 
quired of  any  voter  than  such  as  are  made  necessary  in  general  elections 
under  the  constitution  and  laws  of  the  state.  (R.  S.  1908  and  1914,  Sec. 
8884.) 

482.  Voting  Precincts. 

231.  In  city  and  town  elections,  except  as  provided  in  sections  10,  11 
and  12  for  the  first  town  election,  the  voting  precincts  shall,  so  far 
as  practicable,  be  those  established  by  the  county  commissioners,  and 
the  elections  shall  be  conducted  under  the  laws  in  force  for  general 
elections.     (R.  S.  1908  and  1914,  Sec.  8885.) 

483.  Petition — Census. 

38.  Whenever  one-third  of  the  voters  of  any  incorporated  town,  so 
far  as  the  number  can  be  estimated,  shall  petition  the  board  of  trustees 
thereof  to  be  incorporated  as  a  city  under  this  act,  such  board  of  trus- 
tees, by  an  order  "or  resolution  to  that  effect  entered  on  its  record,  shall 
furnish  the  marshal  or  other  proper  officer  with  the  necessary  form 
for  taking  and  direct  him  to  take,  a  census  of  all  persons  who  are  resi- 
dents within  the  corporate  limits  of  such  town  at  least  forty  days  previ- 
ous to  the  date  of  such  order  or  resolution:  Provided,  however,  That 
if  it  shall  appear  to  such  board  of  trustees  by  the  last  census  of  this 
state  or  of  the  United  States,  or  by  any  enumeration  made  by  the  order 
of  such  board  of  trustees,  within  two  years  after  the  filing  of  such  peti- 
tion, that  such  town  then  has  two  thousand  five  hundred  inhabitants, 
such  board  of  trustees  shall  be  at  liberty  to  proceed  in  all  respects 
as  if  such  census  had  been  taken  in  the  manner  provided  by  this  act. 
Such  marshal  or  other  officer,  with  the  concurrence  of  such  board  may 
appoint  assistants,  and  shall,  within  thirty  days  from  the  time  of  receiv- 
ing such  order,  make  full  return  under  oath,  to  such  board  of  the  resi- 
dent population  of  such  town.  If  the  return  show  a  population  of  two 
thousand  persons  or  more,  the  trustees,  within  ten  days  thereafter,  shall 
publish  a  notice  to  the  vpters,  as  in  case  of  other  town  elections,  stating 
that,  on  a  day  named,  an  election  will  be  held  in  the  several  precincts  of 
the  town,  to  determine  whether  the  same  shall  be  incorporated  as  a 
city.  In  towns  which  are  governed  by  a  common  council,  instead  of  a 
board  of  trustees,  the  duties  in  this  act  required  to  be  done  by  the  board 
of  town  trustees  shall  be  performed  by  such  common  council.  (R.  S. 
1908  and  1914,  Sec.  8639.) 

484.  Election  Board — Duties — Ballots — Returns. 

39.  The  board  of  trustees  shall  appoint  three  reputable  voters  in 
each  precinct,  one  to  act  as  inspector  and  two  as  judges  of  election 
provided  for  in  the  preceding  section;  and  the  persons  thus  appointed 


308 

shall  choose  a  clerk  of  such  election.  Such  election  shall  be  conducted 
in  the  same  manner  and  be  governed  by  the  same  rules  as  other  town 
elections.  The  ballots  of  the  voters  shall  have  thereon  the  word  "yes" 
and  the  word  "no."  The  inspector  and  judges  of  each  precinct  shall 
make  a  statement  showing  the  number  of  affirmative  votes  given  and  the 
number  of  negative  votes  given;  and,  on  the  day  succeeding  such  election 
at  the  hour  of  ten  o'clock  in  the  forenoon,  the  inspectors  shall  meet  and 
canvass  the  vote,  as  in  other  cases.  If  a  majority  of  the  ballots  be  in 
the  negative  the  inspectors  shall  so  report  to  the  board  of  trustees,  and 
the  voters  of  such  town  or  city  shall  be  deemed  not  to  have  consented 
to  its  incorporation  as  a  city,  and  no  further  proceedings  shall  be  had 
in  relation  thereto.  But  if  a  majority  of  such  ballots  shall  be  in  the 
affirmative,  the  inspector  shall,  within  five  days,  certify  that  fact  to  the 
clerk  of  the  circuit  court  of  the  county  in  which  such  town  is  located, 
showing  also  in  their  return  the  number  of  votes  in  the  affirmative  and 
the  number  in  the  negative.  The  clerk  of  such  court  shall  make  a  record 
of  such  return  of  such  election  in  the  civil  order  book  of  such  court; 
and  such  town  shall  thereafter  be  deemed  an  incorporated  city;  with 
the  powers  and  franchises  appertaining  thereto;  and  the  record  in  the 
office  of  such  clerk  of  the  circuit  court  shall  be  held  in  all  courts  and 
places  as  conclusive  evidence  of  such  incorporation.  But  nothing  herein 
shall  prevent  any  person  interested  from  contesting  the  validity  of  such 
election,  and  of  the  result  thereof,  as  in  other  cases  of  contested  elec- 
tions.    (R.  S.  1908  and  1914,  Sec.  8640.) 

485.     Town  Becomes  City — Wards — Terms  of  Officers. 

40.  Within  five  days  after  the  filing  in  the  office  of  the  clerk  of 
the  circuit  court  of  the  statement  showing  that  any  town  has  been  in- 
corporated as  a  city,  the  trustees  of  such  town  shall  divide  such  city 
into  not  less  than  three  wards,  none  of  which  shall  contain  less  than  three 
hundred  inhabitants;  and,  shall  within  the  same  time,  cause  to  be  given  to 
the  voters  of  such  city  ten  days'  notice,  by  publication  in  one  or  more 
newspapers  printed  in  such  city,  if  any  there  be,  and  if  not,  in  a  paper 
published  in  the  county  in  which  such  city  is  situated,  and  by  posting 
copies  of  such  notice  in  three  public  places  in  each  ward  of  such  city, 
that  an  election  will  be  held  in  each  of  such  wards  on  a  day  and  at  the 
places  in  such  notices  stated  for  the  election  of  the  city  officers  therein 
named.  The  officers  elected  at  such  election  shall  serve  until  twelve 
o'clock  noon,  of  the  first  Monday  in  January  following  the  next  regular 
city  election  thereafter.  The  common  council  of  any  city  of  this  state 
shall  have  power  to  redistrict  such  city  into  three  or  more  wards,  when- 
ever in  the  judgment  of  such  council  it  is  expedient  to  do  so,  such  wards 
to  contain,  as  near  as  possible,  an  equal  number  of  inhabitants  and  to 
be  composed  of  compact  and  contiguous  territory:  Provided,  That  the 
wards  of  each  city  shall  remain  in  number  and  boundaries  the  same  as 
now  existing  until  the  year  1907;  and  thereafter  no  readjustment  or  fix- 
ing of  the  boundaries  of  the  wards  of  any  city  shall  occur  oftener  than 
once  in  a  period  of  six  years  unless  the  same  be  made  necessary  by  the 
annexation  of  new  territory,  in  which  case  such  readjustment  of  wards 
and  boundaries,  whenever  made,  shall  be  done  by  ordinance,  passed  by  a 


309 

two-thirds  vote  of  all  the  members  of  the  common  council  and  no  such 
ordinance  for  change  in  wards  shall  be  passed  before  notice  first  given  by- 
publication  for  three  successive  weeks,  once  each  week,  the  last  of  which 
publications  shall  be  at  least  thirty  days  before  any  city  election,  in  a 
newspaper  of  general  circulation  printed  in  such  city,  in  which  notice 
the  proposed  numbers  and  boundaries  of  the  wards  shall  be  plainly 
stated  and  described.  (R.  S.  1908  and  1914,  Sec.  8641;  R.  S.  1905,  Sec. 
3464.  > 

486.     Officers — ^Terms — Jurisdiction — Successors. 

43.  The  elective  officers  of  the  cities  of  this  state  shall  consist  of  a 
mayor,  city  judge,  city  clerk,  city  treasurer,  and  councilmen  as  herein- 
before provided,  except  in  cities  of  the  third  class,  no  city  judge  shall 
be  elected  unless  such  office  is  established  by  the  common  council  of  such 
city  as  provided  by  law:  and  Provided,  That  in  cities  of  the  fifth  class 
no  city  judge  shall  be  elected,  but  the  powers  and  duties  of  city  judge 
shall  devolve  wholly  upon  the  mayor,  except,  however,  first,  that  in  every 
city  of  the  first,  second,  third,  fourth  and  fifth  classes  which  is  the 
county  seat  of  the  county  in  which  such  city  is  located,  the  county  treas- 
urer of  such  county  shall  perform  all  duties  of  city  treasurer:  Provided, 
In  cities  of  the  fourth  class  which  are  county  seats  and  which  own  water 
or  lighting  public  utilities,  having  either  or  both  an  annual  income  of 
one  hundred  thousand  dollars  or  upwards  from  private  consumers,  and 
in  cities  of  the  fifth  class  which  are  county  seats,  and  which  own  water 
or  lighting  public  utilities,  there  shall  be  elected  a  city  treasurer,  the 
salary  of  which  officer  shall  be  fixed  by  ordinance  of  the  common  council 
of  such  city;  and  except,  second,  that  is  in  cities  of  the  fourth  class,  the 
powers  and  duties  of  city  judge  may  be  imposed  upon  the  mayor  pur- 
suant to  an  ordinance  duly  passed  by  the  common  council  of  such  city 
at  least  ninety  days  prior  to  any  city  election  and  to  take  effect  upon 
the  expiration  of  the  term  of  office  of  the  city  judge  then  in  office.  Any 
ordinance  passed  under  this  section  may  be  repealed  at  any  time  except 
within  ninety  days  prior  to  the  time  of  holding  the  city  election  and  such 
repeal  shall  not  affect  the  terms  of  office  or  the  duties  of  any  officer 
elected  prior  to  such  repeal  of  such  ordinance.  In  cities  of  the  fourth 
class,  which  shall  have  a  city  judge,  he  shall  receive  a  salary  to  be 
fixed  by  ordinance  not  to  exceed  twelve  hundred  dollars  per  annum,  pay- 
able quarterly  as  other  city  officers  are  paid.  On  the  first  Tuesday  after 
the  first  Monday  in  November  in  the  year  1913,  and  on  the  same  day 
every  four  years  thereafter  there  shall  be  held  a  city  election  in  every 
city  in  this  state  for  the  election  of  the  elective  officers  of  such  city 
and  there  shall  be  no  election  in  any  city  prior  to  that  date  except  the 
first  city  election  in  case  of  the  organization  of  the  city  as  provided 
in  section  forty  (40)  of  this  act.  At  such  general  election  there  shall 
be  elected  in  every  city  a  mayor  and  a  city  clerk.  In  cities  of  the  first, 
second,  third,  and  fourth  classes  there  shall  likewise  be  elected  a  city 
judge  except  in  cites  in  which  the  duties  of  city  judge  shall  devolve 
upon  the  mayor  no  city  judge  shall  be  elected,  and  in  every  city  of 
the  first,  second,  third,  fourth  and  fifth  classes  which  is  not  a  county 
seat,  and  in  every  city  of  the  fourth  and  fifth  classes  which  are  county 


310 

seats  anu  own  water  or  light,  public  utilities,  as  hereinbefore  provided, 
there  shall  be  elected  a  city  treasurer.  At  such  election  there  shall  be 
elected  in  each  ward  one  councilman  and  the  whole  city  shall  elect  at 
large  half  as  many  additional  councilmen,  not  counting  fractions,  as 
there  are  wards  in  the  city:  Provided,  That  in  no  case  shall  the  unm- 
ber  of  councilmen  at  large  in  any  city  be  more  than  six  or  less  than 
two.  The  officers  elected  on  the  first  Tuesday  after  the  first  Monday 
in  November,  1909,  shall  hold  their  respective  offices  from  the  termina- 
tion of  the  terms  of  their  respective  predecessors  until  the  hour  of  12 
o'clock  noon  of  the  first  Monday  in  January,  1914.  Thereafter  all 
elective  city  officers  shall  serve  for  four  years  from  the  hour  of  12 
o'clock  at  noon  on  the  first  Monday  in  January  following  their  election 
and  shall  continue  to  serve  until  their  successors  are  elected  and  quali- 
fied except  where  the  office  is  abolished  by  statute  or  ordinance.  No 
person  shall  be  eligible  to  any  city  office  unless  he  shall  have  been  a 
resident  of  such  city  for  at  least  one  year  immediately  preceding  his 
election  nor  shall  any  person  be  eligible  to  the  office  of  councilman  to 
represent  any  ward  unless  for  the  last  six  months  of  his  residence  in 
such  city  he  shall  have  been  a  resident  of  such  ward.  And  should  any 
city  officer  cease  to  be  a  resident  of  such  city  or  any  councilman  rep- 
resenting any  ward,  cease  to  be  a  resident  of  such  ward,  during  his  term 
of  office,  such  office  shall  thereby  at  once  become  vacant.  No  person 
shall  be  eligible  to  hold  the  same  elective  office  more  than  four  years 
in  any  period  of  eight  years  in  cities  of  the  first  class.  Present  in- 
cumbents in  offices  in  cities  of  the  second  and  third  classes,  shall  be 
eligible  to  election  to  the  office  which  they  now  hold  in  the  election  to 
be  held  on  the  first  Tuesday  after  the  first  Monday  in  November,  1913, 
and  at  every  city  election  thereafter.  All  city  elections  shall  be  held 
and  returns  made  thereof,  certificates  issued  and  contests  had  in  con- 
formity with  the  general  election  laws  of  this  state.  The  respective 
officers  of  all  cities  of  this  state  elected  or  appointed  under,  the  laws 
heretofore  in  force,  shall  continue  to  sei-ve  as  such  officers  under  the 
provisions  of  this  act  until  12  o'clock  noon  of  the  first  Monday  in  Janu- 
ary, 1914.  All  laws  now  in  force  for  the  government  of  such  cities 
where  the  same  are  not  in  conflict  with  the  provisions  of  this  act  shall 
continue  in  force  and  all  ordinances,  rules  and  regulations  of  any  such 
city  duly  passed  and  adopted  under  such  former  laws,  except  as  herein 
provided  and  if  not  in  conflict  with  the  provisions  of  this  act,  shall  con- 
tinue in  full  force  and  effect  until  repealed  or  abolished. 

In  case  any  city  prior  to  the  election  and  qualification  of  the  officers 
of  such  cities  under  the  terms  of  this  act  shall  have  commenced  any 
proceedings  or  undertakings  of  a  public  nature  which  shall  have  been 
lawfully  commenced  or  undertaken,  the  same  shall  not  be  interrupted 
by  the  passage  of  this  act,  but  shall  be  taken  up  and  carried  forward 
by  the  proper  officers  or  department  as  prescribed  in  this  act,  except 
that  in  case  of  public  improvement  of  any  kind  whatever  of  sewers, 
streets,  alleys,  levees,  parks  and  public  buildings  or  any  other  matter 
of  an  executive  nature  in  which  a  contract  has  not  prior  to  the  taking 
effect  of  this  act  been  actually  let  and  entered  into,  the  executive  de- 
partment having  charge  of  such  matter  shall  not  be  bound  unless  it  so 


311 

elects  by  the  previous  proceedings  but  may  review  the  whole  subject 
and  modify,  change,  rescind  all  orders  previously  made  in  that  behalf: 
Provided,  That  any  city  of  the  fourth  class  having  a  population  of  more 
than  twenty  thousand  after  the  census  of  1910  shall  continue  to  be  a  city 
of  the  fourth  class  until  the  expiration  of  the  terni  of  office  of  the  officers 
elected  on  the  first  Tuesday  after  the  first  Monday  in  November,  1909: 
Provided  further,  That  any  city  of  the  fourth  class  having  a  city  judge, 
a  city  controller  and  a  board  of  public  works,  or  any  of  them,  and  be- 
coming a  city  of  the  third  class  at  the  expiration  of  the  term  of  office 
of  the  officers  elected  on  the  first  Tuesday  after  the  first  Monday  in 
November,  1909,  shall,  upon  becoming  a  city  of  the  third  class,  continue 
to  have  such  city  judge,  city  controller  and  board  of  public  works,  unless 
abolished  by  ordinance  of  the  common  coimcil  enacted,  in  case  of  the 
city  judge,  at  least* thirty  days  before  the  city  election:  Provided  fur- 
ther. That  no  city  marshal  shall  be  appointed  or  elected  in  any  city  of  the 
fifth  class  having  a  board  of  metropolitan  police  commissioners  and  a 
metropolitan  police  force.  In  cities  of  the  fourth  class  where  the  county 
treasurer  shall  act  as  city  treasurer,  his  salary  as  such  shall  be  six  hun- 
dred dollars  per  year,  which  may  be  increased  by  ordinance  to  any  sum. 
not  exceeding  one  thousand  ($1,000.00)  dollars  per  year,  and  in  cities 
of  the  fifth  class  where  the  county  treasurer  acts  as  city  treasurer,  his 
salary  as  such  shall  be  three  hundred  ($300.00)  dollars  per  year,  which 
may  be  increased  by  ordinance  to  any  sum  not  exceeding  eight  hundred 
dollars  ($800.00)  per  year.  In  addition  to  such  salary,  the  county  treas- 
urer shall  receive  five  per  cent  of  the  amount  of  all  delinquent  city 
taxes  collected  by  him  for  such  city.  In  cities  of  the  fourth  and  fifth 
classes,  in  which  the  county  treasurer  acts  as  city  treasurer,  the  common 
council  shall  allow  the  auditor  of  such  county  for  his  services  rendered 
such  city,  an  annual  compensation  not  to  exceed  three  hundred  dollars 
($300.00)  pep  year,  and  all  salaries  for  the  fiscal  year  relating  to  the 
county  treasurers  and  county  auditors,  shall  be  adopted  by  the  common 
council  of  cities  of  the  fourth  and  fifth  classes  on  or  before  the  first 
meeting  in  September  of  each  year.  Whenever  the  county  treasurer  acts 
as  city  treasurer  of  any  city,  such  treasurer  shall,  as  soon  as  collected, 
credit  to  the  account  of  such  city  all  moneys  collected  by  such  treasurer 
for  any  purpose  for  such  city  and  thereafter  such  funds  shall  be  avail- 
able for  use  by  such  €ity:  and  Provided,  further.  That  the  salaries  of 
such  city  officers  shall  be  fixed  during  the  month  of  September  preced- 
ing the  election  each  four  years  and  shall  not  be  increased  or  lowered 
during  the  term  for  which  any  officer  may  have  been  elected  or  appointed, 
and  the  amount  of  salaries  of  such  officers  shall  be  fixed  under  the  pro- 
visions of  the  law  now  in  force  governing  the  salaries  of  such  officers  in 
cities  of  the  third  class.  Nothing  in  this  act  shall  be  so  construed  as  to 
affect  the  election  or  number  of  councilmen  in  cities  having  a  population 
of  one  hundred  thousand  and  upwards  according  to  the  last  preceding 
census  of  the  United  States,  but  such  elections  and  the  number  of  coun- 
cilmen for  such  cities  shall  be  in  conformity  to  an  act  in  relation  to  cities 
having  a  population  of  one  hundred  thousand  and  upwards,  according 
to  the  last  preceding  census  of  the  United  States:  Provided,  however. 
That  in  cities  of  the  fourth  class  the  mayor  shall  appoint  the  board  of 


312 

public  works;  the  salary  of  each  member  of  such  board  of  public  works 
shall  not  be  less  than  twelve  hundred  dollars  per  year,  which  may  be 
increased  by  ordinance  to  fifteen  hundred  dollars  per  year;  and  in  such 
cities  as  own  and  operate  both  an  electric  light  plant  and  water  works 
plant  as  public  utilities,  the  salary  of  the  mayor  of  such  city  shall  be 
two  thousand  dollars  per  year,  five  hundred  dollars  of  which  shall  be 
paid  out  of  the  funds  arising  from  such  public  utilities,  in  such  propor- 
tions as  the  board  of  works  may  order  and  direct:  and  Provided,  fur- 
ther, That  in  cities  of  the  fourth  class  the  city  attorney  may,  only  by 
and  with  the  consent  of  the  board  of  public  works  and  mayor  of  such 
city,  compromise  litigation  affecting  such  city  when  it  is  for  the  best 
interest  of  such  city,  and  to  that  end,  upon  direction  of  the  mayor  and 
board  of  public  works  may  confess  judgment  in  any  of  the  courts  of 
competent  jurisdiction  for  such  sum  as  may  be  agreed  upon  by  said 
mayor  and  board  of  public  works.  (As  amended.  Acts  1913,  p.  933.  R. 
S.  1914,  Sec.  8644.)  (This  section  amends  Section  1  of  the  Acts  of  1909, 
p.  455,  which  amended  Section  43  of  the  Acts  of  1905,  p.  236.  There 
seems  to  be  confusion  in  the  titles  of  these  acts.) 

487.     City  Judge — Election,  Term,  Etc. — Jurisdiction. 

"Section  216.  The  city  judge  shall  be  elected  by  the  legal  voters  of 
such  city,  at  the  time  and  in  the  same  manner  as  the  other  city  officers 
are  elected,  for  the  term  of  four  years  and  until  his  successor  is  elected 
and  qualified.  His  term  of  office  shall  begin  at  twelve  o'clock  noon,  on 
the  first  Monday  of  January  following  his  election;  except  that  any 
city  judge  elected  at  the  election  to  be  held  in  November,  1905,  shall,  as 
in  the  case  of  other  officers  then  elected,  hold  only  from  the  expiration 
of  the  term  of  his  predecessor  and  until  the  first  Monday  in  January, 
1910.  Before  entering  upon  the  discharge  of  his  duties  he  shall  execute 
a  bond  payable  to  such  city  in  the  penal  sum  of  five  thousand  dollars, 
with  good  and  sufficient  surety,  to  be  approved  by  the  mayor  and  filed 
in  the  office  of  the  city  controller,  conditioned  for  the  faithful  discharge 
of  the  duties  of  his  office.  He  shall  hold  daily  sessions  of  the  city  court, 
Sundays  excepted,  at  a  place  to  be  provided  and  designated  by  the  com- 
mon council.  He  shall  have  and  exercise  within  the  county  in  which 
such  city  is  located  the  powers  and  jurisdiction  now  or  hereafter  con- 
ferred upon  Justices  of  the  peace  in  all  cases  of  crimes  and  misdemeanors, 
except  as  otherwise  herein  provided.  He  shall  have  exclusive  jurisdic- 
tion of  all  violations  of  the  ordinances  of  such  city.  In  all  cities  of  the 
first  and  second  and  third  class  he  shall  have  exclusive  jurisdiction  of 
the  trial  of  all  misdemeanors  constituting  violation  of  highway  traffic 
ordinances  of  such  city,  and  of  violations  of  the  highway  traffic  laws  of 
the  State  of  Indiana;  but  this  act  shall  not  abridge  the  right  of  appeal 
from  the  judgments  of  said  court  to  either  the  circuit  or  criminal  courts 
of  the  state,  as  such  right  of  appeal  now  exists  in  law.  He  shall  also 
have  original  concurrent  jurisdiction  with  the  circuit  court  or  criminal 
court  in  all  cases  of  petit  larceny  and  all  other  violations  of  the  laws 
of  the  state  where  the  penalty  provided  therefor  can  not  exceed  a  fine 
of  five  hundred  dollars  and  imprisonment  in  the  jail  or  workhouse  not 
exceeding   six   months,   or   either   or   both:     Provided,   That   such   city 


313 

judge,  in  any  case  brought  before  him  charging  any  person  with  a  crime 
or  misdemeanor,  if,  in  the  opinion  of  such  judge,  the  punishment 'which 
he  is  authorized  to  assess  is  not  adequate  to  the  offense,  may  so  find, 
and  in  such  case  he  shall  hold  such  prisoner  to  bail  for  his  appearance 
before  the  proper  court,  or  commit  him  to  jail  in  default  of  such  bail, 
(As  amended,  Acts  1921,  p.  153.  R.  S.  1908  and  1914,  Sec.  8842;  R.  S. 
1905,  Sec.  3641.) 

488.     Waterworks — Gas  Works — Bonds — Election. 

249.  Any  city  or  town  may  erect  or  construct  waterworks,  gas 
works,  electric  light  works,  heating,  steam  and  power  plants,  or  combina- 
tion of  such  utilities,  together  with  all  buildings,  lines  and  accessories 
necessary  thereto,  and  may  purchase  any  such  works  and  utilities  already 
constructed,  or  in  course  of  construction  and  owned  by  any  other  person; 
and  may  also  purchase,  condemn  or  lease  other  lands  for  said  purposes; 
and  may  also  extend,  change  and  improve  such  works  and  utilities  when 
so  acquired;  all  for  the  purpose  of  furnishing  the  inhabitants  of  such 
city  or  town  and  vicinity  thereof  with  the  use  and  convenience  of  any  or 
all  such  utilities:  Provided,  That  before  any  city  or  town  shall  enter 
upon  the  policy  of  erecting  and  constructing  any  such  new  works  and 
utilities,  or  the  purchase  of  the  same  from  other  persons,  the  common 
council  of  such  city  or  the  board  of  trustees  of  such  town,  as  the  case 
may  be,  shall  adopt  a  resolution,  designated  by  number,  declaring  the 
necessity  for  entering  upon  the  policy  of  such  erection  and  construction, 
or  purchase.  In  case  of  the  proposed  erection  and  construction  of  new 
works,  said  declaratory  resolution  shall  fix  the  general  character  and 
the  probable  maximum  cost  thereof;  and  in  case  of  the  purchase  of 
such  works  from  other  persons,  such  common  council  or  board  of  trus- 
tees shall  first  procure  an  option  from  the  owners  of  such  work  agreeing 
to  sell  the  same  upon  the  terms  of  a  definite  proposed  contract  of  sale 
upon  approval  thereof  by  popular  vote,  and  a  full  copy  of  said  proposed 
contract  of  sale  shall  be  incorporated  in,  arid  made  a  part  of,  said 
declaratory  resolution.  Before  such  declaratory  resolution  is  confirmed 
and  the  policy  thereof  entered  upon,  said  common  council  or  board  of 
trustees  shall  submit  the  same  to  the  qualified  voters  of  such  city  or 
town,  at  a  special  or  general  election,  of  which  election  previous  notice 
shall  be  given  by  publication  once  each  week  for  two  weeks  in  some 
newspaper  printed  and  of  general  circulation  in  such  city  or  town,  and 
if  there  be  no  such  newspaper,  then  in  some  newspaper  printed  and  of 
general  circulation  in  the  county  in  which  such  city  or  town  is  situated, 
the  first  of  such  publications  to  be  at  least  twenty  days  prior  to  the 
day  fixed  for  such  election.  The  tickets  for  such  election  shall  have 
printed  thereon,  in  separate  lines,  the  following  phrases,  "For  Declara- 
tory Resolution  No.  ,"  and  "Against  Declaratory  Resolution  No.  ," 
designating  the  number  of  resolution  submitted,  or  other  similar  phrases 
by  which  the  voter  may  effectually  express  his  choice  upon  the  question 
submitted;  and  each  phrase  shall  have  printed  to  the  left  thereof  a  vot- 
ing square,  by  marking  in  which  square  the  voter  shall  express  his 
choice;  and  such  elections  shall  otherwise  be  governed  by  the  general 
election  laws  of  the  State  of  Indiana,  so  far  as  applicable.     If  such  reso- 


314 

lution  be  submitted  at  a  general  election  of  such  city  or  town,  the  tick- 
ets therefor  shall  be  printed  upon  and  at  the  bottom  of  the  general  tick- 
ets containing  the  names  of  candidates  at  such  election.  If  a  majority 
of  the  votes  cast  at  such  election  be  in  favor  of  such  resolution,  such 
common  council  or  board  of  trustees  may,  by  ordinance,  confirm  such 
resolution  and  proceed  to  execute  the  policy  thereof;  but  if  a  majority 
of  such  votes  be  opposed  to  such  resolution,  then  such  common  council 
or  board  of  trustees  shall  have  no  power  to  confirm  the  same  or  to 
execute  the  policy  thereof.  Such  city  or  town  is  hereby  authorized,  for 
the  purpose  of  procuring  the  means  to  acquire  the  aforesaid  works  and 
utilities,  or  to  improve  the  same  when  acquired,  as  hereinbefore  author- 
ized, to  issue  and  sell  the  bonds  of  such  city  or  town  pursuant  to  and 
in  conformity  with  the  provisions  of  section  fifty-five  (55)  of  this  act. 
(As  amended,  Acts  1915,  p.  689.     R.  S.  1921,  Sec.  8921.) 

CHAPTER  X. 
COUNCILMEN   IN   FIRST-CLASS   CITIES. 

SEC.  SEC. 

489.  Number  and  salary.  .  491.    Nominations — Manner  and  number. 

490.  Councilmanic   districts. 

[Acts  1909,  p.  341.     Approved  and  in  force  March  &,  1909.] 

489.  Number  and  Salary. 

1.  The  number  of  councilmen  in  cities  having  a  population  of  one 
hundred  thousand  or  over,  according  to  the  last  preceding  United  States 
census,  shall  be  nine  (9),  and  no  more,  and  that  such  councilmen  shall  be 
known  as  councilmen-at-large,  and  shall  be  elected  by  the  electors  of  the 
entire  city,  and  such  councilmen  shall  not  be  elected  by  wards,  but  nothing 
herein  shall  have  the  effect  to  displace  any  councilmen  now  in  office,  but 
such  councilmen  now  in  office  shall  so  continue  until  the  term[s]  for 
which  they  were  elected  shall  be  completed.  The  salary  of  each  of 
such  councilmen  shall  be  six  hundred  dollars  per  year.  (R.  S.  1914, 
Sec.  8644a.) 

1.  This  statute  applies  only  to  the  city  of  Indianapolis. 

490.  Councilmanic  Districts. 

2.  Any  city  or  cities  coming  within  the  provisions  of  this  act  for 
the  purpose  of  carrying  out  the  same  shall,  by  the  common  council  of 
said  city  or  cities,  be  divided  into  six  districts,  to  be  known  as  council- 
manic districts,  each  district  to  contain  as  nearly  as  possible, 'an  equal 
number  of  electors,  and  that  not  more  than  one  candidate  of  any  political 
party  or  organization  shall  be  named  or  nominated  from  either  or  any 
of  said  districts.     (R.  S.  1914,  Sec.  8644b.) 

491.  Nominations — Manner  and  Number. 

8.  Any  persons,  political  party  or  organization  nominating  candi- 
dates for  city  officers,  to  be  voted  for  at  any  election  in  cities  having  a 
population  of  100,000  or  more  according  to  the  last  preceding  United 
States  census,  by  means  of  choosing  persons  as  such  candidates  at  a 


315 

convention,  or  at  a  primary  election,  or  by 'petition  or  otherwise,  pur- 
suant to  law,  shall  have  the  right  to  nominate  and  cause  to  be  placed 
on  the  ballot  to  be  voted  at  such  city  election,  the  names  of  six  candi- 
dates, one  from  each  councilmanic  district,  for  the  office  of  city  council- 
man and  no  more,  and  the  names  of  any  six  candidates  for  said  office, 
nominated  and  duly  certified  to  the  board  of  election  commissioners 
according  to  law%  shall  be  placed  on  the  official  ballot  to  be  voted  at  such 
elect\pn  under  such  party  name  and  device  as  the  political  party  or 
organization  making  such  nomination  shall  have  lawfully  chosen.  And 
each  and  every  legal  voter  casting  his  ballot  for  city  officers  shall  have 
the  right  to  vote  for  any  nine  candidates  for  the  office  of  councilman,  and 
the  nine  who  shall  receive  the  largest  number  of  votes  of  those  cast 
for  candidates  for  the  office  of  councilman  shall  be  declared  elected. 
(R.  S.  1914,  Sec.  8644c.) 


CHAPTER  XL 
UNION  OF  CITIES  AND  TOWNS. 

SEC.  SEC. 

492.  Union   of   cities   or  towns — Petition —        497.    Terms    of    new    officers — Records    and 

Election — Form  of  ballot.  funds — Rules  and  ordinances. 

493.  Petition  for  determination  of  name —        498.    Consolidation  of  school  cities  or  towns 

Order  on   ballot.  — Reorganization   of  school  boards. 

494.  Time  uniort  effective — Election  of  new        499.    Reorganization      of      departments      of 

officers.  public  works  and  public   parks. 

495.  First  election   of  officers.  500;    Supplementary    act. 

496.  Determination  of  ward  boundaries. 

[Approved  March  10,  1921.] 
492.     Union  of  Cities  or  Towns — Petition — Election — Form  of  Ballot. 

1.  That  where  a  city  and  a  town,  or  two  cities,  or  two  towns, 
adjoin  each  other,  they  may  be  united  into  a  single  city  or  town,  pro- 
vided a  majority  of  the  qualified  voters  voting  on  such  a  question  of 
union,  in  each  of  said  adjoining  corporations,  shall  vote  in  favor  of  such 
union.  Whenever  ten  per  cent  (10%)  of  the  qualified  voters  of  each 
of  such  adjoining  cities,  or  adjoining  towns,  or  adjoining  cities  and  town, 
as  determined  by  the  vote  cast  for  secretary  of  state  in  each  of  said 
adjoining  cities  or  towns  at  the  last  preceding  general  election,  shall 
file  with  the  city  or  town  clerk  of  their  respective  city  or  town,  a 
petition  in  writing,  requesting  that  a  special  election  be  called  to  deter- 
mine whether  such  cities,  or  such  city  and  town,  or  such  towns,  as  the 
case  may  be,  shall  be  united  into  one  municipal  corporation,  which 
petition  shall  also  state  the  name  by  which  the  proposed  united  cor- 
porations shall  be  known,  it  shall  be  the  duty  of  the  respective  common 
councils,  or  boards  of  trustees  of  each  and  both  of  such  cities,  or  city 
and  town,  or  towns,  to  call  an  election  in  each  of  said  cities  and  towns, 
at  which  election  the  question  of  the  union  of  said  cities,  or  city  and 
town,  or  towns,  as  the  case  may  be,  and  the  name  by  which  the  united 
corporation  shall  be  known,  shall  be  submitted  to  the  voters  thereof. 
Attached  to  each  petition  shall  be  the  affidavit  of  one  or  more  free- 
holders of  such  city  or  town,  stating  that  the  persons  who  sign  such 
petition  are  legal  voters  of  such  city  or  town,  which  affidavit  shall  be 


316 

conclusive  evidence  of  the  truth  of  the  facts  therein  stated.  Immediately 
upon  the  filing  of  such  petition,  the  city  or  town  clerk  shall  certify  and 
deliver  a  copy  thereof,  to  the  city  or  town  clerk  of  the  other  munici- 
pality. The  common  council  or  board  of  trustees  of  each  of  said  munici- 
palities shall  thereupon  meet  in  regular  or  special  session,  and  by  reso- 
lution fix  a  day  for  such  election,  which  day  shall  not  be  more  than  three 
months  from  the  date  of  the  filing  of  such  petitions:  Provided,  That 
no  such  election  shall  be  called  in  either  municipality  unless  a  like  peti- 
tion is  filed  with  the  city  or  town  clerk  of  the  other  municipality^  pro- 
posed to  be  consolidated,  and  both  municipalities  shall  fix  the  election 
therein  for  the  same  day.  Notice  of  such  election  shall  be  given  by 
publication,  once  each  week,  for  three  (3)  successive  weeks,  in  each 
newspaper  published  in  each  of  said  corporations,  the  last  publication 
to  be  twenty  (20)  days  before  the  day  fixed  for  said  election,  and  by 
posting  printed  copies  thereof  twenty  (20)  days  before  said  election,  in 
one  or  more  public  places  in  each  ward  of  each  of  such  corporations. 
Such  election  shall  be  held  in  the  voting  precincts  of  each  of  said  cor- 
porations, as  other  city  and  town  elections  are  held,  and  such  election 
shall  be  held  in  the  manner  provided  by  the  general  election  laws  of 
the  state,  insofar  as  the  same  are  applicable.  Each  corporation  shall 
bear  the  expense  of  such  election  within  its  own  corporate  limits.  The 
ballots  for  such  election  shall  have  printed  thereon  the  words  "Yes" 
and  "No,"  and  those  voters  desiring  to  vote  in  favor  of  said  proposed 
union,  shall  vote  "Yes"  and  those  opposed  to  such  union,  "No."  The 
ballots  shall  also  have  thereon  the  name  by  which  the  united  corpora- 
tion shall  be  known  as  proposed  in  the  petitions,  and  such  other  names 
as  shall  be  proposed  as  hereinafter  provided.  Those  voters  favoring  any 
particular  name  so  proposed,  as  the  name  of  such  united  corporation, 
shall  vote  in  favor  of  such  name,  by  making  a  cross  in  the  square  oppo- 
site such  proposed  name,  on  the  ballot.  The  election  boards  shall  file  in 
the  office  of  the  city  or  town  clerk  of  each  city  or  town,  the  returns  of 
said  election,  in  each  voting  precinct,  within  the  time  and  in  the  manner 
now  provided  under  the  general  election  law.  A  copy  of  the  result  of 
the  election,  duly  certified  by  the  election  commissioners  in  each  munici- 
pality, shall,  within  ten  (10)  days  after  said  election,  be  filed  with  the 
common  council  or  board  of  trustees  of  the  other  corporations,  and 
within  said  time  shall  also  be  filed  in  the  office  of  the  auditor  of  the  county, 
and  by  him  entered  upon  the  records  of  the  board  of  county  commis- 
sioners. If  a  majority  of  the  voters  voting  on  the  question  of  the  union 
of  such  corporations,  in  each  of  such  corporations,  vote  in  favor  of  such 
union,  the  two  corporations  shall  be  united  as  hereinafter  provided,  and 
the  name  by  which  the  united  corporation  shall  be  known,  shall  be  that 
name  receiving  the  highest  number  of  votes  at  the  election,  in  both 
corporations,  as  the  same  is  determined  from  the  final  returns  of  said 
election.     (R.  S.  1921,  Sec.  8895a.) 

493.     Petition  for  Determination  of  Name — Order  on  Ballot. 

2.  If  at  least  one  hundred  (100)  qualified  voters  of  each  of  said 
corporations  shall  file  with  the  city  of  [or]  town  clerk  of  each  and 
both  of  said  corporations,  a  petition  in  writing  proposing  a  name  by 


317 

which  said  united  corporation  shall  be  known,  which  petition  shall  be 
so  filed  not  less  than  fifteen  (15)  days  prior  to  the  date  fixed  for  such 
election,  it  shall  be  the  duty  of  the  election  commissioners  in  each  and 
both  of  said  corporations  to  place  said  name  so  proposed,  upon  the 
official  ballot  for  such  election.  Such  names  shall  be  platied  upon  the 
ballot  in  the  order  in  point  of  time,  in  which  such  petitions  are  filed, 
except  that  the  name  proposed  in  the  petition  for  election  on  the  ques- 
tion of  union,  as  provided  in  section  1  of  this  act,  shall  be  first  in  the 
list  of  all  such  proposed  names.     (R.  S.  1921,  Sec.  8895b.) 

494.     Time  Union  is  Effective — Election  of  New  Officers. 

3.  If  such  cities  and  towns  vote  to  unite  as  herein  provided,  such 
union  shall  become  effective  after  the  next  ensuing  general  city  election 
following  such  election  on  such  proposed  union,  and  when  the  officers 
to  be  elected  at  such  general  election,  take  office  as  now  provided  by  law. 
At  the  next  ensuing  general  city  election  following  an  election  upon 
such  question  of  union,  as  herein  provided,  there  shall  be  elected  in  the 
district  included  within  limits  of  such  cities  or  towns  so  voting  to  unite, 
one  set  of  officers  for  such  consolidated  city  or  town  as  now  provided 
by  law,  for  a  city  or  town  of  the  class  which  the  combined  population 
of  such  uniting  cities  or  towns,  as  deteimined  by  the  last  preceding 
United  States  census,  would  create:  Provided,  That  there  shall  be  elected 
at  such  general  election  in  said  district,  one  councilman  for  each  ward 
of  such  district,  as  such  wards  are  fixed  and  defined  by  joint  action  of 
the  common  councils  or  board  of  trustees  of  such  uniting  cities  and 
towns,  as  provided  in  section  5  of  this  act:  And  Provided  further.  That 
at  such  election  there  shall  be  elected  for  said  entire  district,  the  num- 
ber of  councilmen-at-large  now  provided  by  law,  for  a  city  of  the  class 
to  which  such  united  city  would  belong.  The  term  of  office  of  all  elective 
and  appointive  officers  of  such  cities  arid  towns  so  uniting,  shall  not  be 
terminated  or  shortened  by  such  union,  but  such  officers  shall  serve  out 
the  respective  terms  of  office  to  which  they  have  been  elected  or  ap- 
pointed at  the  time  of  such  election  on  such  proposed  union:  Provided 
further.  That  no  election  on  the  question  of  the  union  of  cities  and 
towns  under  this  act  shall  be  held  in  any  calendar  year  which  by  law 
is  fixed  as  a  year  in  which  a  general  city  and  towns  election  is  to  be 
held.    (R.  S.  1921,  Sec.  8895c.) 

495. — First  Election  of  Officers — Joint  Board  of  Election  Commissioners. 

4.  The  election  of  officers  for  such  united  city  or  town  shall  be 
held  under  and  governed  by  the  primary  and  general  election  law,  and 
all  other  laws  applicable  to  general  elections,  then  in  force,  except,  that 
at  the  general  election  at  which  the  officers  of  such  united  city  are  first 
elected,  as  herein  provided,  there  shall  be  a  joint  board  of  election  com- 
missioners for  said  entire  district  in  place  of  separate  boards  for  each 
of  such  uniting  cities  and  towns,  which  joint  board  shall  consist  of  the 
city  or  town  clerks  of  both  of  such  uniting  cities  and  towns,  and  three 
(3)  additional  members,  two  (2)  to  be  resident  voters  of  one  of  such 
uniting  cities  or  towns,  and  one  to  be  a  resident  voter  of  the  other 
uniting  city  or  town,  and  all  to  be  appointed  by  the  judge  of  the  circuit 


318 


I 


court  of  the  county  in  which  said  cities  and  towns  are  located.  Such 
joint  board  of  election  commissioners  shall  meet  and  organize  as  now 
provided  by  law,  and  shall  have  all  the  powers  and  be  subject  to  all  the 
duties  with  reference  to  said  first  election  of  officers  for  said  uniting 
cities  and  towns,  as  are  now  conferred  and  imposed  upon  election  com- 
missioners in  cities  and  towns  by  the  general  primary  and  election  laws 
now  in  effect.  All  elections  subsequent  to  that  at  which  the  first  officers 
of  said  united  corporation,  are  elected  as  herein  provided,  shall  be  held 
in  all  respects  under  the  provisions  of  the  general  primary  and  election 
laws,  and  all  the  laws  then  in  force,  relating  to  elections  in  cities  and 
towns.     (R.  S.  1921,  Sec.  8895d.) 

496.  Determination  of  Ward  Boundaries. 

5.  In  the  event  any  two  cities  or  a  city  and  a  town,  or  two  towns, 
vote  to  unite  as  provided  in  this  act,  the  common  councils  or  boards  of 
trustees  of  the  cities  or  towns  so  uniting  shall  meet  in  joint  session  at 
the  city  or  town  hall  of  that  city  or  town  having  the  largest  population 
as  determined  by  the  last  preceding  United  States  census,  at  eight  o'clock 
p.  m.,  on  the  second  Monday  of  January  of  the  year  in  which  the  next 
general  city  election  is  to  be  held,  following  a  vote  in  favor  of  such  union 
such  joint  meeting  shall  organize  by  selecting  its  own  presiding  officer 
and  clerk.  At  said  meeting  such  common  councils  or  board  of  trustees 
shall  proceed  to  fix  and  define  the  ward  limits  of  said  united  corpora- 
tion. Such  ward  limits  of  such  united  corporation  shall  be  fixed  and 
defined  by  joint  resolution  of  said  common  councils  or  board  of  trustees, 
and  the  same  shall  be  fixed  in  the  manner  now  provided  by  law,  except 
that  in  said  united  corporation,  there  shall  not  be  more  than  one  ward 
for  each  five  thousand  (5,000)  in  population  of  said  uniting  cities  and 
towns,  as  determined  by  the  last  preceding  United  States  census,  and 
said  ward  limits  or  boundaries  shall  be  so  fixed  and  defined  as  to  give 
all  parts  of  said  uniting  cities  and  towns,  as  nearly  as  practicable, 
equal  representation  in  the  common  council  of  said  united  corporation. 
A  copy  of  the  joint  resolution  of  said  common  councils  or  boards  of 
trustees,  duly  certified  by  the  presiding  officer  and  attested  by  the  clerk 
of  said  joint  meeting,  shall  be  filed  with  the  common  council  or  board 
of  trustees  of  each  of  said  uniting  cities  and  towns,  and  the  ward 
boundaries  as  so  fixed  at  such  joint  meeting,  shall  be  the  ward  boundaries 
of  the  wards  in  said  united  corporation,  until  altered  or  changed  by  the 
common  council  of  such  united  corporation.     (R.  S.  1921,  Sec.  8895e.) 

497.  Beginning  of  Terms  of   New  Officers — Transfers  of  Records  and 

Funds — Continuation  of  Rules  and  Ordinances. 

6.  The  officers  of  such  united  corporation  so  elected  at  the  next 
general  city  election  following  an  election  upon  the  question  of  said 
proposed  union  as  herein  provided,  shall  qualify  and  take  office  at 
twelve  o'clock  noon  on  the  first  Monday  of  January  following  such  gen- 
eral election  as  now  provided  by  law.  At  such  time,  said  cities  and 
towns  so  uniting,  shall  cease  to  exist  and  shall  be  deemed  consolidated 
and  united  into  a  single  city  or  town,  of  the  class  created  by  the  com- 


'A 


319 

bined  populations  of  such  uniting  cities  and  towns,  as  determined  by 
the  last  preceding  United  States  census.  Said  officers  so  elected  and 
qualified  shall  be  deemed  the  respective  successors  in  office  of  the  re- 
spective officers  of  said  cities  and  towns  so  uniting,  and  it  shall  be  the 
duty  of  all  officers  of  said  old  corporations  at  the  time  said  officers  of 
said  united  corporation  take  office  as  herein  provided,  to  deliver  to  said 
new  officers,  all  property,  money,  effects,  books  and  records  of  every 
description  pertaining  to  the  office  to  which  said  newly  elected  officers 
of  said  united  corporation  have  respectively  succeeded.  The  new  cor- 
poration from  the  time  such  union  becomes  effective  as  herein  provided, 
shall  thenceforward  be  known  by  the  name  chosen  by  the  voters  at  the 
election  on  the  question  of  such  proposed  union,  as  provided  in  section  1 
of  this  act,  and  such  new  corporation  shall  be  liable  for  all  the  debts, 
contracts,  and  liabilities  of  said  old  corporations  so  uniting,  and  shall  be 
entitled  to  all  the  rights,  credits,  moneys,  effects  and  properties  theretofore 
had,  held  or  owned  by  them  or  either  of  them,  and  may  sue  and  be  sued 
in  relation  to  such  debts,  contracts,  liabilities,  rights,  credits  and  proper- 
ties, by  the  name  adopted  on  such  union.  But  all  actions  pending  at  the 
time  of  such  union,  shall  be  prosecuted  to  final  judgment  and  execution, 
and  all  judgments  theretofore  rendered  may  be  executed  and  enforced 
against  the  new  corporation,  without  any  change  of  the  name  of  the 
plaintiff  or  defendant.  All  ordinances,  rules,  resolutions,  by-laws  and 
regulations  in  force  in  each  of  such  uniting  corporations,  shall  be  and 
remain  in  force  in  said  new  corporation  within  the  territory  to  which 
such  ordinances,  rules,  resolutions,  by-laws  and  regulations  applied  prior 
to  such  union,  and  shall  continue  in  force  and  effect  until  altered, 
amended  or  repealed  by  the  common  council  or  board  of  trustees,  or 
the  board  of  park  commissioners  or  other  administrative  board,  as  the 
case  may  be,  of  such  new  corporations.  Such  new  corporation,  from 
the  time  such  union  or  consolidation  becomes  effective,  shall  have  all  the 
rights,  powers,  privileges  and  immxinities,  and  shall  be  subject  to  all 
the  obligations  existing  in  or  imposed  upon  each  and  both  of  said 
uniting  corporations,  and  shall  in  all  respects  thenceforward  be  governed 
by  all  the  laws  of  the  state  with  respect  to  cities  and  tow^ns  and  all  other 
laws  of  the  state  insofar  as  the  same  are  applicable.  (R.  S.  1921,  Sec. 
8895f.) 

498.     Consolidation  of  School  Cities  or  Towns — Reorganization  of  School 
Boards. 

7.  The  school  city  or  cities  and  school  town  or  to'wns  of  said 
uniting  corporations  shall,  by  virtue  of,  and  at  the  time  of,  such  union 
as  herein  provided,  be  and  become  a  united  school  city  or  town,  by  the 
name  and  style  of  such  new  corporation,  and  such  united  school  city 
or  town,  as  the  case  may  be,  shall  be  liable  for  all  the  debts,  contracts 
and  liabilities  of  the  school  cities  or  towns  so  uniting,  and  shall  be 
entitled  to  all  of  the  rights,  credits,  moneys,  effects,  franchises  and 
properties  of  every  nature  whatsoever  theretofore  had,  held  or  owned 
by  either  and  both  of  said  uniting  school  corporations,  and  may  sue  and 
be  sued  in  relation  to  all  such  debts,  contracts,  rights,  credits  and  prop- 


320 

erties  of  such  uniting  school  corporations,  by  the  name  of  such  united 
school  corporation.  The  boards  of  school  trustees  of  said  uniting  cities 
or  towns  at  the  time  such  union  becomes  effective,  shall  be  merged  into, 
and  thereafter  constitute,  one  single  board  of  school  trustees  for  said 
united  city  or  town.  Said  trustees  shall  meet  within  five  (5)  days  after 
the  first  Monday  in  January  of  the  year  in  which  said  union  becomes 
effective,  and  shall  organize  said  new  board  by  electing  one  of  their 
number  president,  one  secretary  and  one  treasurer.  Said  officers  shall 
qualify  and  give  bond  as  now  required  by  law,  and  said  new  board 
shall  be  deemed  the  successor  of  each  and  both  of  the  school  boards 
of  said  uniting  cities  or  towns,  and  shall  have  and  exercise  all  the  duties 
and  powers  now  conferred  by  law  upon  boards  of  school  trustees  in 
cities  having  less  than  one  hundred  thousand  (100,000)  inhabitants,  ac- 
cording to  the  last  preceding  United  States  census.  The  school  trustees 
of  said  uniting  school  corporations,  shall  serve  out  the  respective  terms 
of  office  to  which  they  have  been  elected  at  the  time  of  such  union,  and 
the  common  council  of  such  united  corporation  shall,  at  a  regular  meet- 
ing in  the  month  of  June  of  the  year  in  which  said  union  becomes 
effective,  elect  one  school  trustee  to  succeed  in  office  those  school  trustees 
of  the  uniting  corporations,  whose  terms  of  office  expire  on  the  first  day 
of  August  of  such  year,  as  now  provided  by  law.  The  common  council 
of  said  united  corporation  shall,  at  a  regular  meeting  in  June  each  year 
thereafter  elect  an  additional  school  trustee  to  succeed  in  office  the 
school  trustees  of  such  uniting  corporations  whose  respective  terms  of 
office  expire  in  such  year,  until  said  board  of  school  trustees  of  said 
united  corporation  is  reduced  to  three  (3)  in  number,  as  now  provided  by 
law.  Said  school  trustees  so  elected  by  the  common  council  in  June 
of  each  of  said  years,  shall  take  office  on  the  first  day  of  August,  next 
succeeding  their  election,  and  shall  hold  office  for  a  period  of  three  (3) 
years  thereafter  and  until  their  respective  successors  are  elected  and 
qualified.     (R.  S.  1921,  Sec.  8895g.) 

499.     Reorganization  of  Departments  of  Public  Works  and  Public  Parks. 

8.  The  departments  of  public  parks  of  any  cities  uniting  under 
this  act,  shall,  by  virtue  of,  and  at  the  time  of  such  union,  as  herein 
provided,  be  and  become  a  single  department  of  public  parks,  with  juris- 
diction over  the  entire  territory  of  said  united  corporation,  which  de- 
partment of  public  parks  for  said  united  corporation  shall  be  liable  for 
all  the  debts,  contracts  and  liabilities  of  the  departments  of  public  parks 
of  such  uniting  cities,  and  shall  be  entitled  to  all  the  rights,  credits, 
moneys,  effects,  franchises  and  properties  of  every  nature  whatsoever, 
theretofore  had,  held  or  owned  by  either  and  both  of  the  departments 
of  public  parks  of  said  uniting  corporations.  The  commissioners  of 
public  parks  of  each  and  both  of  said  uniting  cities  shall  meet  within 
five  (5)  days  after  the  first  Monday  in  January  of  the  year  in  which  said 
union  becomes  effective  and  shall  organize  into  a  new  board  of  park 
commisioners  for  said  united  corporation,  as  now  provided  by  law,  for 
the  organization  of  park  boards  in  cities  of  the  class  to  which  such  united 
city  belongs.    The  park  commissioners  of  such  uniting  cities  shall  serve 


321 

out  the  respective  terms  of  office  to  which  they  have  been  appointed  at 
the  time  of  such  union.  The  mayor  of  such  united  corporation  shall, 
on  or  before  the  first  day  of  February  of  the  year  in  which  said  union 
becomes  effective,  appoint  one  park  commissioner  to  succeed  in  office 
those  commissioners  of  the  uniting  cities  whose  terms'  of  office  expire 
on  the  first  day  of  January  of  such  year;  and  annually  thereafter  on 
the  expiration  of  the  respective  terms  of  office  of  the  park  commissioners 
of  said  uniting  cities,  on  or  before  the  first  day  of  February  each  year, 
the  mayor  shall  appoint  one  park  commissioner  to  succeed  in  office  the 
park  commisioner  or  commissioners  whose  term  of  office  expires  on  the 
first  day  of  January  of  such  year,  as  now  provided  by  law.  Such  park 
commissioners  so  appointed  by  the  mayor  shall  hold  office  for  a  term  of 
four  (4)  years,  beginning  on  the  first  day  of  January  of  the  year  of  the 
appointment,  and  if  any  vacancy  occur  in  such  board  of  [by]  resigna- 
tion or  otherwise,  the  mayor  shall  appoint  one  or  more  commissioners 
for  the  residue  of  the  term  or  terms,  and  he  may  also  remove  any  com- 
missioner, but  only  upon  his  filing  in  writing  with  the  city  clerk,  his 
reasons  for  such  removal.  The  board  of  park  commissioners  of  such 
united  corporation  shall  have  and  exercise  all  the  powers  and  duties 
prescribed  for  boards  of  park  commisioners  in  cities  of  the  class  in 
which  said  united  city  belongs.     (R.  S.  1921,  Sec.  8895h.) 

500.  Act  Supplementary. 

9.  This  act  is  supplementary  in  its  nature,  and  repeals  only  such 
laws  as  may  be  in  conflict  herewith.     (R.  S.  1921,  Sec.  8895i.) 

CHAPTER  XII. 
COMMISSION  FORM  OF  GOVERNMENT. 

Filling  vacancies  on   commission. 

Meetings  of  commission. 

Powers  and  duties. 

Chairman  of  commission  is  mayor. 

City  clerk. 

Ordinances  and  resolutions. 

Signing  and  publication  of  ordinances. 

Taking  effect  of  ordinances*. 

Director  of  finance. 

Appointive  officers,  removal  of. 

Assessment  and  subscription  to  politi- 
cal parties  prohibited. 

Political  activities  prohibited. 

Penalty. 

Ineligibility  of  officers  as  candidates. 

Provisions  for  reverting  to  former 
form  of  government. 

[Approved  March  10,  1921.] 

501.  City  Government — Application  of  Act. 

1.  That  this  act  shall  apply  to  and  become  operative  in  any  city 
which,  in  accordance  with  the  procedure  hereinafter  described,  adopts 
one  of  the  plans  of  government  provided  herein.  The  words  "any  city" 
and  "every  city"  when  used  in  this  act  shall  be  construed  to  mean  any 
city  and  every  city  adopting  either  of  the  plans  of  government  pro- 

21—22129 


SEC. 

SEC. 

501. 

City  government — Application. 

519. 

502. 

Form  of  petition. 

520. 

503. 

Filing  of  petition. 

521. 

504. 

Special  election — Officers. 

522. 

505. 

Form  of  ballots. 

523. 

506. 

Canvass  of  vote. 

524. 

507. 

General  election  laws  apply. 

525. 

508. 

Certificate  of  results. 

526. 

509. 

Election   of  commission.     . 

527. 

510. 

Terms  of  commissioners. 

528. 

511. 

Time  of  holding  elections. 

529. 

512. 

Petition  for  nomination. 

513. 

Form  of  nominating  petition. 

530. 

514. 

Filing  of  petitions. 

531. 

515. 

Certification  of  nominees. 

532. 

fl6. 

Form  of  ballot. 

533. 

517. 

Order  of  printing  names. 

518. 

Writing    names    of    additional    candi- 
dates on  ballots. 

322 

vided  for  herein  and  in  which  the  section  containing  such  words  become 
operative.     (R.  S.  1921,  Sec.  8638a.) 

502.     Form  of  Petition. 

2.  At  any  time,  not  less  thail  thirty  (80)  days  after  the  passage 
of  this  act,  a  petition  addressed  to  the  legislative  body  of  any  city  may 
be  filed  with  the  city  clerk  asking  that  the  question  of  the .  adoption  of 
either  of  the  plans  of  government  provided  for  herein  be  submitted  to 
the  electors  of  the  city.  The  signatures  to  any  such  petition  need  not  all 
be  appended  to  one  paper,  but  to  each  such  petition  paper  there  shall  be 
attached  an  affidavit  of  the  circulator  thereof  stating  that  each  signature 
thereto  was  made  in  his  presence  and  is  the  genuine  signature  of  the 
person  whose  name  it  purports  to  be.  The  signatures  to  all  such  petition 
papers  shall  be  made  in  ink  or  indelible  pencil  and,  after  his  name,  each 
signer  shall  state  his  residence  by  street  and  number,  or  other  descrip- 
tions sufficient  to  identify  the  place,  and  the  date  when  the  signature  was 
made.  All  such  petition  papers  shall  be  in  substantially  the  following 
form: 

To  the  Council   (or  other  legislative  body)  of  the  city 

of : 

We,    the     undersigned     voters     of     the     city     of 

,  respectfully  petition  that  the 

following  question  be  submitted  to  the  voters  of  the 

city:    "Shall  the  city  of 

adopt  the  (name  of  plan)  plan  of  government  as  pro- 
vided in  the  laws  of ,  Chapter " 


Name 


Address 


Date 


State  of  Indiana,  ] 

|ss: 
County,  J 

,  being  duly  sworn,  deposes 

and  says  that  he  is  the  circulator  of  this  petition  paper 
and  that  the  signatures  appended  thereto  were  made 
in  his  presence  and  are  the  genuine  signatures  of  the 
persons  whose  names  they  purport  to  be. 

Signed 

Subscribed  and  sworn  to  before  me  this 

day  of ,19 


Notary  Public. 
(R.  S.  1921,  Sec.  8638b.) 


323 

503.  Filing  of  Petition. 

3.  All  petition  papers  requesting  any  such  election  shall  be  as- 
sembled and  filed  with  the  city  clerk  as  one  instrument,  and  the  petition 
shall  be  deemed  sufficient  if  signed  by  electors  of  the  city  equal  in  num- 
ber to  at  least  twenty  per  cent  (20%)  of  those  who  voted  at  the  last 
preceding  general  municipal  election.  Within  five  (5)  days  after  any 
such  petition  is  filed  the  clerk  shall  complete  an  examination  thereof 
to  determine  whether  it  is  signed  by  a  sufficient  number  of  qualified 
electors  and  he  shall  certify  the  result  of  his  examination  to  the  legis- 
lative authority  of  the  city  at  its  first  regular  meeting  held  after  the 
completion  of  such  examination.     (R.  S.  1921,  Sec.  8638c.) 

504.  Special  Election — Election  Commissioners  and  OflScers. 

4.  Whenever  the  city  clerk  shall  certify  to  the  legislative  author- 
ity of  any  city  that  a"  sufficient  petition  has  been  filed  requesting  that 
the  question  of  adopting  one  of  the  plans  of  government  provided  in  this 
act  be  submitted  to  the  electors  of  the  city,  such  legislative  authority 
shall  order  a  special  election  for  that  purpose  to  be  held  not  less  than 
thirty  (30)  days,  or  more  than  sixty  (60)  days  after  the  next  succeed- 
ing 1st  day  of  May.  The  board  of  election  commissioners  for  any  such 
election  shall  consist  of  the  city  clerk  and  two  (2)  resident  freeholders 
of  the  city,  one  of  them  known  to  be  in  favor  of  the  adoption  of  the 
proposed  plan  and  one  known  to  be  opposed  to  its  adoption,  both  to  be 
appointed  by  the  chairman  or  president  of  the  legislative  body  of  the  city 
at  the  time  of  calling  the  special  election.  The  election  commissioners 
shall  prepare  and  distribute  the  ballots  and  shall  appoint,  when  possible, 
on  the  election  board  of  each  precinct  one  judge  and  one  clerk  in  favor 
of  and  one  judge  and  one  clerk  opposed  to  the  adoption  of  the  plan.  The 
commissioners  shall  also  appoint  an  inspector  and  sheriff  for  each  pre- 
cinct. If  such  special  election  is  ordered  to  be  held  in  a  year  when  such 
city  would  hold  its  nominating  primary  election  for  city  officials,  as  now 
fixed  by  law,  then  such  city  primary  election  shall  not  be  held  until  after 
the  date  fixed  for  the  special  election,  and  in  the  event  that  said  city 
shall  adopt  one  of  the  plans  of  government  herein  outlined,  then  no  pri- 
mary election  as  heretofore  provided  by  law,  shall  be  held  in  such  city. 
In  the  event  said  city  at  such  special  election  fails  to  adopt  the  pro- 
posed plan  of  government  as  voted  on,  then  within  five  days  of  said 
election  the  legislative  body  of  such  city  shall  meet  on  call  of  the  mayor 
and  fix  a  date  for  holding  a  city  primary  election,  which  shall  be  con- 
ducted in  all  things,  as  by  law  now  provided,  and  the  date  of  such  pri- 
mary election  shall  be  so  fixed  that  all  provisions  of  law  governing  city 
primaries  may  be  observed.     (R.  S.  1921,  Sec.  8638d.) 

505.  Form  of  Ballots. 

5.  The  ballots  used  in  voting  on  the  adoption  of  either  of  the  plans 
of  government  provided  in  this  act  shall  have  printed  thereon  the  ques- 
tion:    "Shall  the  city  of   adopt 

the   (name  of  plan)    plan  of  government  as  provided  in  the  laws  of 

,  Chapter ?"    Immediately  below  the 

question  shall  appear  the  words  "yes"  and  "no,"  one  above  the  other 


324 


and  in  the  order  named.  At  the  left  of  each  of  these  words  shall  be 
a  square  in  which  by  making  a  (X)  mark  the  voter  can  indicate  his 
choice  for  or  against  the  proposed  plan  of  government.  Such  ballots 
shall  be  in  form  substantially  as  follows: 

Shall  the  city  of   

adopt  the  (name  of  plan)  plan  of  government  as 
provided  in  the  laws  of ,  Chapter 


YES 


NO 


(R.  S.  1921,  Sec.  8638e.) 

506.  Canvass  of  Vote. 

6.  If  when  submitted  to  the  electors  of  any  city  the  adoption  of 
either  of  the  plans  of  government  provided  in  this  act  is  approved  by 
a  majority  of  those  voting  thereon,  the  plan  of  government  so  approved 
shall  become  effective  in  such  city  as  hereinafter  provided.  At  ten 
o'clock  in  the  forenoon  of  the  day  succeeding  such  election  the  board  of 
election  commissioners  shall  meet  in  the  office  of  the  city  clerk  and  can- 
vass the  returns  thereof.     (R.  S.  1921,  Sec.  8638f.) 

507.  Application  of  General  Election  Laws. 

7.  In  all  elections  held  under  this  act,  whether  for  the  choice  of 
candidates  or  the  submission  of  questions  to  the  electors,  and  in  all  mat- 
ters and  proceedings  relating  thereto,  except  as  herein  otherwise  pro- 
vided, all  provisions,  including  penalties,  of  the  general  election  laws  of 
the  state  shall  apply  as  far  as  applicable.  All  expenses  of  any  election 
held  in  any  city  imder  the  provisions  of  sections  2  to  7,  inclusive,  of 
this  act  shall  be  paid  by  such  city.  The  city  clerk  shall  file  with  the 
city  treasurer  an  itemized  statement  of  the  expenses  of  such  election 
setting  forth  the  names  of  the  persons  to  whom  the  same  are  payable, 
and  such  expenses  shall  be  paid  out  of  the  general  fund  of  the  city  with- 
out any  specific  appropriation  being  made  therefor.  (R.  S.  1921,  Sec. 
8638g.) 

508.  Certification    of    Results    of    Election — Continuation    of    Present 

OfiScers. 

8.  The  election  commissioners  provided  for  in  this  act  shall  cej*- 
tify  to  the  legislative  authority  of  the  city  the  results  of  the  election 
on  the  question  of  adopting  either  of  the  plans  of  government  provided 
for  herein,  and  a  duplicate  certificate  shall  be  filed  in  the  office  of  the 
city  clerk.  Upon  the  filing  of  a  certification  in  the  office  of  the  city 
clerk  that  the  result  of  the  election  is  favorable  to  the  adoption  of  either 
of  such  plans  it  shall  be  the  duty  of  the  clerk  at  once  to  make  publica- 
tion of  the  fact  in  a  newspaper  of  general  circulation  in  the  city.  A 
plan  of  government  adopted  under  this  act  shall  take  effect  upon  publi- 
cation in  so  far  as  it  applies  to  the  nomination  and  election  of  officers 


325 

provided  for  herein,  and  in  all  other  respects  it  shall  take  effect  the  first 
Monday  in  January  next  succeeding  the  first  election  of  officers  held 
hereunder.  Each  officer  of  the  city  at  the  time  of  first  election  under 
any  plan  provided  for  in  this  act  shall  continue  in  office  and  in  the 
performance  of  his  duties  until  his  successor  under  the  plan  adopted  shall 
have  been  chosen  and  qualified  or  provision  shall  have  been  made  by  the 
city  commission  for  the  performance  of  his  duties.  (R.  S.  1921,  Sec. 
8638h.) 

509.  Election  of  Commission — Transfer  of  Powers  and  Authority. 

9.  In  cities  adopting  either  of  the  plans  of  government  provided 
by  this  act  there  shall  be  a  commission  elected  from  the  city  at  large. 
Except  as  otherwise  provided  herein,  all  of  the  legislative,  executive 
and  judicial  powers  of  the  city  shall  be  vested  in  the  commission  so 
elected  and  shall  be  exercised  by  themselves  or  through  their  duly  ap- 
pointed subordinates  in  the  manner  hereinafter  provided.  All  the  rights, 
powers  and  duties  conferred  by  law  on  the  common  council,  mayor,  city 
judge,  any  executive  department,  officer,  board  or  commission  in  cities 
of  this  state,  are  continued  in  full  force  and  are,  in  cities  adopting  the 
provisions  of  this  act,  hereby  transferred  to  the  commission  hereinbefore 
created,  and  shall  be  held  and  exercised  thereby  as  hereinafter  provided. 
The  common  council,  mayor,  city  judge,  executive  departments,  officers, 
boards  and  commissions  [commisioners]  heretofore  existing  in  such 
cities  are  hereby  abolished.  The  commission  shall  also  have  all  further 
powers  relating  to  strictly  municipal  affairs  not  inconsistent  with  the 
constitution  and  general  laws  of  this  state.     (R.  S.  1921,  Sec.  86381.) 

510.  Terms  of  Commissioners. 

10.  At  the  first  election  of  commissioners  held  in  any  city  after 
the  adoption  of  a  plan  of  government  provided  by  this  act,  the  entire 
commission  shall  be  chosen.  Immediately  after  assuming  office  the  com- 
missioners first  elected  shall  be  divided  by  lot  into  two  groups  as  nearly 
equal  in  number  as  may  be.  The  terms  of  the  larger  group  shall  expire 
at  the  end  of  two  (2)  years  and  the  terms  of  the  smaller  group  at  the 
end  of  four  (4)  years.  Thereafter  members  of  the  commission  shall 
be  elected  to  serve  for  a  term  of  four  (4)  years  and  until  their  suc- 
cessors have  been  elected  and  have  qualified,  unless  chosen  to  fill  out  an 
unexpired  term.  Any  qualified  elector  of  the  city  shall  be  eligible  to 
the  office  of  commissioner.     (R.  S.  1921,  Sec.  8638j.) 

511.  Time  of  Holding  Elections. 

11.  In  cities  adopting  the  provisions  of  this  act,  a  municipal  elec- 
tion for  the  choice  of  the  members  of  the  commission  shall  be  held  on 
the  first  Tuesday  after  the  first  Monday  in  November  of  each  odd  num- 
bered year.  At  such  election,  the  candidates  equal  in  number  to  the 
places  to  be  filled  who  received  the  highest  votes  cast  shall  be  declared 
elected.  Hereafter  in  this  act  this  election  is  referred  to  as  the  Novem- 
ber election  and  shall  be  deemed  a  regular  municipal  election.  A  tie 
between  two  or  more  candidates  shall  be  decided  by  lot  in  the  presence 
of  such  candidates,  and  under  the  direction  of  the  board  of  city  election 
commissioners.     (R.  S.  1921,  Sec.  8638k.) 


326 


512.     Petition  for  Nomination. 


12.  A  person  eligible  to  the  commission  may  be  placed  in  nomina- 
tion by  a  petition  in  his  behalf  filed  with  the  city  clerk  and  signed  by 
electors  equal  in  number  to  at  least  one  per  cent  (1%)  of  those  who 
voted  at  the  last  preceding  regular  municipal  election.  The  signatures  to 
a  nominating  petition  need  not  all  be  appended  to  one  paper,  but  to 
each  separate  paper  there  shall  be  attached  an  affidavit  of  the  circulator 
thereof  stating  that  each  signature  appended  thereto  was  made  in  his 
presence  and  is  the  genuine  signature  of  the  person  whose  name  it  pur- 
ports to  be.  Each  signer  of  a  petition  shall  sign  his  name  in  ink  or 
indelible  pencil,  and  shall  place  after  his  name  the  date  when  his  signa- 
ture was  made  and  his  place  of  residence  by  street  and  number.  No 
elector  shall  sign  petitions  for  more  candidates  than  the  number  of 
places  to  be  filled  at  the  forthcoming  election.     (R.  S.  1921,  Sec.  86381.) 

513.     Form  of  Nominating  Petition. 

13.  The  form  of  nominating  petition  papers  shall  be  substantially 
as  follows: 

We  the  undersigned,  hereby  present 

whose  residence  is Indiana,  for 

office  of  commissioner,  to  be  voted  for  at  the  election  to  be  held  on  the 

day  of  November,   ,  and  we  individually  certify 

that  we  are  qualified  to  vote  for  candidates  for  the  above  office,  and  that 
we  have  not  signed  more  nominating  petitions  than  there  are  places  to 
be  filled  at  the  said  election. 


Name 

Street  and  Number 

Date 

State  of  Indiana  ] 

}•  ss: 
County  J 

being  duly  sworn,  deposes 

and  says  that  he  is  the  circulator  of  this  petition  paper  and  that  the 
signatures  appended  thereto  were  made  in  his  presence  and  are  the  gen- 
uine signatures  of  the  persons  whose  names  they  purport  to  be. 

Signed 

Subscribed  and  sworn  to  before  me  this day  of , 

19 


Notary  Public. 
(R.  S.  1921,  Sec.  8638m.) 


327 

514.  Filing  of  Nominating  Petitions — Notice — Acceptance. 

14.  All  separate  papers  comprising  a  nominating  petition  shall 
be  assembled  and  filed  with  the  city  clerk  as  one  instrument  at  least 
thirty  days  prior  to  the  date  of  holding  the  election  with  respect  to 
which  such  petition  is  filed.  Within  five  days  after  the  filing  of  a  nomi- 
nating petition  the  clerk  shall  notify  the  person  named  therein  as  a  candi- 
date whether  such  petition  is  found  to  be  signed  by  the  required  number 
of  qualified  electors.  Any  person  eligible  to  the  commission  who  is 
placed  in  nomination  as  hereinbefore  provided  shall  have  his  name  printed 
on  the  ballots  if,  within  five  days  after  such  notification  by  the  city 
clerk,  he  shall  have  filed  therewith  an  acceptance  of  the  nomination. 
(R.  S.  1921,  Sec.  8638n.) 

515.  Certification  of  Nominees — Pul^lication  of  Notice. 

15.  Not  less  than  fifteen  days  nor  more  than  thirty  days  before 
the  November  election  the  city  clerk  shall  certify  to  the  board  of  city 
election  commissioners  a  list  of  the  candidates,  nominated  in  the  man- 
ner hereinbefore  provided,  whose  names  are  entitled  to  be  printed  on  the 
ballots.  The  clerk  shall  also  file  in  his  office  a  copy  of  such  certified 
list  and  forthwith  cause  to  be  published  for  two  (2)  successive  days  in 
a  daily  newspaper  published  in  the  city,  or  if  there  be  none  such,  then  in 
one  weekly  newspaper  of  general  circulation  therein,  notice  of  such 
election  containing  the  certified  list  of  candidates,  the  oifices  to  be  filled 
and  the  time  and  places  of  holding  the  election.     (R.  S.  1921,  Sec.  8638o.) 

516.  Form  of  Ballot. 

16.  The  city  board  of  election  co'mmissioners  shall  cause  ballots  to 
be  printed  for  the  election  commissioners  which  shall  be  without  party 
mark  or  designation.  Each  elector  may  vote  for  as  many  candidates 
as  there  are  places  to  be  filled;  but  any  ballot  marked  for  more  candi- 
dates than  there  are  places  to  be  filled  shall  not  be  counted  for  any  of 
such  candidates.  Except  that  the  names  of  candidates  shall  appear  in 
the  spaces  indicated  therefor,  and  that  the  spaces  left  for  the  date  of 
the  election  and  the  number  of  candidates  to  be  voted  for  shall  be  filled 
with  such  date  and  number  respectively,  and  the  ballot  shall  be  in  form 
substantially  as  follows: 


t 


328 


Municipal  Election. 

(Month  and  day  of  month)  19 

For  Commissioners 
Do  not  vote  for  more  than 

% 

^ 

(R.  S.  1921,  Sec.  8638p.) 

517.  Order  of  Printing  Names  on  Ballots. 

17.  The  names  of  candidates  shall  be  printed  on  the  ballots  in  rota- 
tion as  follows: 

The  ballots  shall  be  printed  in  as  many  series  as  there  are  candi- 
dates for  the  commission.  The  whole  number  of  ballots  to  be  printed 
shall  be  divided  by  the  number  of  candidates  and  the  quotient  so  ob- 
tained shall  be  the  number  of  ballots  to  be  printed  in  each  series.  In 
printing  the  first  series  of  ballots  the  names  of  candidates  shall  be  ar- 
ranged in  the  alphabetical  order  of  their  surnames.  After  printing  the 
first  series  the  first  name  in  the  list  shall  be  placed  last  and  the  next 
series  printed,  and  this  process  shall  be  repeated  until  each  name  shall 
have  been  printed  first  in  one  series.  The  ballots  so  printed  shall  then 
be  combined  in  tablets  to  be  supplied  to  the  various  polling  places.  Each 
tablet  shall  contain  substantially  the  same  number  of  ballots  from  each 
series  and,  so  far  as  practicable,  the  ballots  shall  be  combined  in  such 
a  manner  that  two  or  more  from  the  same  series  shall  not  be  together 
in  a  tablet.     (R.  S.  1921,  Sec.  8638q.) 

518.  Writing  Names  of  Additional  Candidates  on  Ballots. 

18.  The  ballots  used  in  every  election  for  choosing  commissioners 
shall  have  as  many  blank  spaces  below  the  names  of  candidates  printed 
thereon  as  there  are  places  to  be  filled  at  such  election.  In  any  such 
space  an  elector  may  write  the  name  of  any  person  eligible  to  the  com- 
mission for  whom  he  may  desire  to  vote;  and  votes  cast  for  such  person 
shall  be  counted  as  though  for  a  candidate  whose  name  is  printed  on  the 
ballot.     (R.  S.  1921,  Sec.  8638r.) 

519.  Filling  of  Vacancies  on  Commission. 

19.  If  a  vacancy  occurs  in  the  commission,  some  eligible  person 
shall  be  chosen  to  fill  the  place  by  a  majority  vote  of  the  remaining 
members.    Any  person  chosen  by  the  commission  to  fill  a  vacancy  therein 


329 

shall  continue  in  office  only  until  the  November  municipal  election  next 
following  the  occurrence  of  such  vacancy,  at  which  time  some  person 
shall  be  elected  to  fill  out  the  unexpired  term  of  the  office  in  which  the 
vacancy  occurred.  A  place  in  the  commission  held,  or  which  might  be 
held,  by  a  person  chosen  by  the  commission  shall  be  regarded  as  a  place 
to  be  filled  at  such  election.  When,  at  any  such  election,  a  person  is 
to  be  chosen  to  fill  out  an  unexpired  term,  the  candidate  among  those 
elected  who  receives  the  smallest  number  of  votes,  shall  be  deemed  to 
have  been  chosen  for  srca-h  unexpired  term  and  shall  assume  office  within 
two  days  after  the  result  of  the  election  is  determined.  If  more  than 
one  of  the  places  to  be  filled  at  an  election  is  for  an  unexpired  term, 
and  such  terms  differ  in  length,  then  the  elected  candidate  receiving  the 
lowest  vote  shall  serve  for  the  shortest  unexpired  term,  the  elected 
candidate  with  the  next  lowest  vote  shall  serve  for  the  term  next  in 
length,  and  so  on.  If,  in  any  such  case,  two  or  more  candidates  have 
the  same  number  of  votes  a  decision  between  them  shall  be  made  by  lot 
in  the  presence  of  such  candidates  and  under  the  direction  of  the  city 
election  commissioners.     (R.  S.  1921,  Sec.  8638s.) 

520.  Meetings  of  Commission. 

20.  At  two  o'clock  p.  m.  on  the  first  Monday  in  January,  next  fol- 
lowing a. regular  municipal  election  the  commission  shall  meet  at  the 
regular  place  for  holding  such  meetings,  and  the  newly  elected  com- 
missioners shall  assume  the  duties  of  their  office.  Thereafter  the  com- 
mission shall  meet  at  such  time  and  place  as  may  be  prescribed  by  ordi- 
nance, but  not  less  frequently  than  once  each  week.  All  meetings  of  the 
commission  and  of  committees  thereof  shall  be  open  to  the  public,  and 
the  commission  shall  provide  by  its  rules  that  citizens  shall  have  an 
opportunity  to  be  heard  at  any  such  meeting  in  regard  to  any  matter 
considered,  or  to  be  considered  thereat.     (R.  S.  1921,  Sec.  8638t.) 

521.  Powers  and  Duties  of  Commission. 

21.  The  commission  shall  be  judge  of  the  election  and  qualifica- 
tions of  its  members,  subject  to  review  by  the  courts  in  case  of  con- 
flict; shall  determine  the  rules  of  its  procedure;  shall  keep  a  journal 
of  its  proceedings;  may  punish  its  members  for  disorderly  behavior,  and 
compel  the  attendance  of  absent  members.  A  majority  of  the  members 
of  the  commission  shall  constitute  a  quorum  to  do  business  but  a  smaller 
number  may  adjourn  from  time  to  time.     (R.  S.  1921,  Sec.  8638u.) 

522.  Chairman  of  Commission  to  Have  Title  of  Mayor. 

22.  The  commission  shall  elect  one  of  its  members  as  chairman 
who  shall  have  the  title  of  mayor.  The  mayor,  in  addition  to  his  duties 
as  a  member  of  the  commission,  shall  preside  at  meetings  of  the  com- 
mission, perform  the  other  duties  required  of  him  by  this  act,  and  such 
duties,  not  inconsistent  with  his  office,  as  may  be  imposed  by  the  com- 
mission. He  shall  be  recognized  as  the  official  head  of  the  city  for  all 
ceremonial  purposes,  by  the  courts  for  the  purpose  of  serving  civil 
process  and  by  the  governor  for  military  purposes.  In  case  of  his  ab- 
sence, disability  or  removal  the  commission  shall  select  another  of  its 


330 

members  who  shall  have  all  the  powers  and  perform  all  the  duties  of 
mayor.     (R.  S.  1921,  Sec.  8638v.) 

523.  City  Clerk. 

23.  The  commission  shall  choose  a  city  clerk  who  shall  also  be 
clerk  of  the  commission  and  shall  continue  in  office  during  the  pleasure 
thereof.  The  city  clerk  shall  perform  the  duties  imposed  upon  him  by 
this  act  and  such  other  duties,  not  inconsistent  therewith,  as  may  be 
imposed  by  the  commission;  and,  except  as  otherwise  provided  in  this 
act,  he  shall  have  the  powers  and  perform  the  duties  now  or  hereafter 
provided  for  the  city  clerk  under  the  general  laws  of  the  state  relating 
to  municipal  corporations.     (R.  S.  1921,  Sec.  8638w.) 

524.  Ordinances  and  Resolutions. 

24.  The  commission  shall  act  only  by  ordinance  or  resolution,  which 
shall  be  introduced  in  writing;  and  all  ordinances  and  resolutions,  except 
ordinances  making  appropriations  shall  be  confined  to  one  subject  which 
shall  be  clearly  expressed  in  the  title.  Ordinances  making  appropria- 
tions shall  be  confined  to  the  subject  of  appropriations.  No  ordinance 
shall  be  passed  until  it  has  been  read  on  three  separate  days.  The  final 
reading  shall  be  in  full  unless  the  measure  shall  have  been  printed  and 
a  copy  thereof  furnished  to  each  member  prior  to  such  reading.  The 
ayes  and  noes  shall  be  taken  on  the  passage  of  all  ordinances  and  reso- 
lutions and  entered  upon  the  journal  of  the  proceedings  of  the  commis- 
sion, and  every  ordinance  and  resolution  shall  require  on  final  passage 
the  affirmative  vote  of  a  majority  of  all  the  members.  No  member  shall 
be  excused  from  voting  except  on  matters  involving  the  consideration  of 
his  own  official  conduct,  or  where  his  financial  interests  are  involved. 
(R.  S.  1921,  Sec.  8638x.) 

525.  Signing  and  Publication  of  Ordinances. 

25.  Upon  final  passage  every  ordinance  shall  be  signed  by  the 
mayor,  countersigned  by  the  clerk  and  recorded  in  a  book  kept  by  the 
clerk  for  that  purpose.  Provision  shall  be  made  for  the  printing  and 
publication  in  full  of  every  ordinance  within  ten  days  after  its  final 
passage.  No  tax  shall  be  levied;  appropriation  made;  bond  issue  author- 
ized; franchise  or  right  in  any  street,  alley  or  place  granted,  renewed 
or  extended;  any  sale,  grant,  or  abandonment  of  any  real  estate  or  any 
easement  or  right  therein  authorized;  or  any  rule  of  general  application 
prescribed,  except  by  ordinance.     (R.  S.  1921,  Sec.  8638y.) 

526.  Taking  Effect  of  Ordinances. 

26.  No  ordinance  shall  go  into  effect  until  thirty  (30)  days  after 
its  passage  unless  it  be  declared  an  emergency  measure  on  the  ground 
of  urgent  public  need  for  the  preservation  of  peace,  health,  safety,  or 
property,  the  facts  showing  such  urgency  and  the  need  being  specifically 
stated  in  the  ordinance  itself  and  the  ordinance  being  passed  by  a  vote  of 
not  less  th^n  five-sixths  of  the  members  of  the  commission.  (R.  S. 
1921,  Sec.  8638z.) 


331 

527.  Director  of  Finance — Powers  and  Duties. 

27.  The  director  of  finance  shall  have  direct  supervision  over  the 
department  of  finance  and  the  administration  of  the  financial  affairs  of 
the  city,  including  the  keeping  of  accounts  and  financial  records,  the 
levy  and  assessment  of  taxes  and  other  revenues,  the  custody  and  dis- 
bursement of  city  funds  and  moneys,  the  control  over  expenditures,  and 
such  other  duties  as  the  commission  may  by  ordinance  provide.  Except 
as  otherwise  provided  in  this  act,  he  shall  have  all  the  powers  and  per- 
form all  the  duties  now  or  hereafter  vested  in  a  city  controller  and  in 
a  city  clerk  acting  as  controller,  under  the  general  laws  of  the  state 
relating  to  municipal  corporations.     (R.  S.  1921,  Sec.  8638al.) 

528.  Removal  or  Suspension  of  Appointive  Officers. 

38.  Any  appointive  officer  or  employe  of  the  city  may  be  removed, 
suspended,  laid  off,  or  reduced  in  grade  by  the  officer  or  body  responsible 
for  his  appointment,  for  any  reason  which,  in  the  opinion  of  such  officer 
or  body,  will  promote  the  efficiency  of  the  service.  Any  officer  or  em- 
ploye, so  removed,  suspended,  laid  off,  or  reduced  in  grade  shall,  if  he 
so  request,  be  furnished  with  a  written  statement  of  the  reasons  there- 
for, be  allowed  a  reasonable  time  for  answering  such  reasons  in  writing 
and  be  given  a  public  hearing  by  the  officer  or  body  making  such  removal, 
suspension,  lay-off  or  reduction  in  grade,  before  the  order  therefor  be 
made  final.  No  trial  or  examination  of  witnesses  shall  be  required 
in  any  such  case  except  in  the  discretion  of  the  officer  or  body  making 
such  removal,  suspension,  lay-off  or  reduction  in  grade,  and  the  action  of 
such  officer  or  body  shall  be  final.  The  written  statement  of  reasons 
and  the  reply  to  the  officer  or  employe  thereto,  as  provided  for  in  this 
section,  shall  be  filed  as  a  public  record  in  the  office  of  the  city  clerk.  (R. 
S.  1921,  Sec.  863811.) 

529.  Assessment  and  Subscriptions  to  Political  Parties  Prohibited. 

39.  No  person  in  the  administrative  service  of  the  city  shall  di- 
rectly or  indirectly  give,  solicit  or  receive,  or  be. in  any  manner  con- 
cerned in  giving,  soliciting  or  receiving  any  assessment,  subscription 
or  contribution  for  any  political  party  or  purpose  whatever.  No  person 
shall  orally  or  by  letter  solicit  or  be  in  any  manner  concerned  in  solicit- 
ing or  receiving  any  assessment,  subscription  or  contribution  for  any 
political  party  or  purpose  from  any  person  holding  a  position  in  the 
administrative  service.  No  person  shall  use  or  promise  to  use  his  in- 
fluence or  official  authority  to  secure  any  appointment,  or  prospective 
appointment,  to  any  city  position  as  a  reward  or  return  for  personal  or 
partisan  political  service.  No  person  shall  take  part  in  preparing  any 
political  assessment,  subscription  or  contribution  with  the  intent  that 
it  shall  be  sent  or  presented  to  or  collected  from  any  person  in  the  service 
of  the  city;  and  no  person  shall  knowingly  send  or  present,  directly  or  in- 
directly, in  person  or  otherwise,  any  political  assessment,  subscription 
or  contribution  to,  or  request  its  payment  by  any  person  in  such  service., 
(R.  S.  1921,  Sec.  8638ml.) 


332 

530.  Political  Activities  Prohibited. 

40.  No  person  about  to  be  appointed  to  any  position  in  the  service 
of  the  city  shall  sign  or  execute  a  resignation  dated  or  undated  in  ad- 
vance of  such  appointment.  No  person  in  the  service  of  the  city  shall 
discharge,  suspend,  lay  off,  degrade  or  in  any  manner  change  the  official 
rank  or  compensation  of  any  person  in  such  service,  or  promise  or 
threaten  to  do  so  for  withholding  or  neglecting  to  ma^e  any  contribution 
of  money  or  service  or  any  other  valuable  thing  for  any  political  pur- 
pose. No  person  in  the  service  of  the  city  shall  use  his  official  authority 
or  influence  to  coerce  the  political  action  of  any  person  or  body,  or  to 
interfere  with  any  nomination  or  election  to  public  office. 

No  person  holding  an  appointive  office  or  place  under  the  provisions 
of  this  act,  shall  act  as  an  officer  of  a  political  organization  or  take  any 
active  part  in  a  political  campaign,  or  serve  as  a  member  of  a  committee 
of  any  such  organization,  or  circulate  or  seek  signatures  to  any  petition 
provided  for  by  primary  or  election  laws,  or  act  as  a  worker  at  the  polls 
in  favor  of  or  opposed  to  any  candidate  to  election  or  nomination  to  a 
public  office,  whether  federal,  state,  county  or  municipal.  (R.  S.  1921, 
Sec.  8638nl.) 

531.  Penalty  for  Violating  Provisions  of  Sections  39  and  40. 

41.  Any  person  who  shall  wilfully  or  through  culpable  negligence 
violate  any  of  the  provisions  of  sections  39  and  40  of  this  act  shall  be 
guilty  of  a  misdemeanor,  and  shall  on  conviction,  be  punished  by  a  fine 
of  not  less  than  fifty  dollars  nor  more  than  one  thousand  dollars,  or  by 
imprisonment  for  a  term  not  exceeding  six  months,  or  by  both  such  fine 
and  imprisonment.  No  such  person  shall  be  appointed  to  any  position 
in  the  seivice  of  the  city  and  if  he  be  an  officer  or  employe  of  the  city 
he  shall  immediately  forfeit  his  office  or  employment.  (R.  S.  1921,  Sec. 
8638ol.) 

532.  Commissioners  and  Officers  Not  Permitted  to  Become  Candidates 

for  Other  Offices. 

42.  No  member  of  the  commission  shall  during  the  term  for  which 
he  is  elected  be  appointed  to  any  city,  county  or  state  office  or  employ- 
ment. If  a  member  of  the  commission  shall  become  a  candidate  for 
nomination  or  election  to  any  office  other  than  that  of  commissioner  he 
shall  immediately  forfeit  his  place  in  the  commission;  and  any  appointive 
officer  or  employe  of  the  city  who  shall  become  a  candidate  for  election 
to  any  office  shall  forfeit  the  office  or  employment  held  under  the  city. 
(R.  S.  1921,  Sec.  8638pl.) 

533.  Provisions  for  Reverting  to  Former  Form  of  City  Government. 

69.  If  any  city  shall  have  adopted  either  of  the  alternative  forms 
of  government  provided  for  in  this  act,  and  if  the  citizens  of  such  city 
shall  at  any  time  thereafter  desire  to  change  the  form  of  government 
from  the  fonn  so  adopted  to  the  form  now  provided  by  law,  a  petition 
may  be  addressed  to  the  commission,  asking  that  the  questton  of  revert- 
»ing  to  the  form  of  government  now  provided  by  law  and  under  which 
such  city  was  formerly  governed,  be  submitted  to  the  electors  of  such 


333 

city.  The  procedure  in  submitting  such  petition  and  holding  an  elec- 
tion and  any  and  all  other  matters  whatsoever  which  may  be  necessary 
to  revert  to  such  form  of  government  now  provided  by  law,  shall  be 
governed  by  the  provisions  of  this  act  providing  for  the  adoption  of  the 
alternative  forms  of  government  herein  provided.  (R.  S.  1921,  Sec. 
8638q2.) 

CHAPTER  XIV. 
SCHOOL  COMMISSIONERS. 

SEC.  SEC. 

533.    Board  of  school  commissioners.  ,534.    Qualifications  of  members. 

533a.  Board     of     school     commissioners     in        535.    Term  of  office — Nominations, 
cities  over  100,000.  536.    Organization  of  first  board. 

[1899,  p.  434.     Approved  and  in  force  March  4,  1899.] 
533.     Board  of  School  Commissioners. 

1.  The  government  of  common  schools  in  cities  of  one  hundred 
thousand  or  more  inhabitants,  according  to  the  last  United  States 
census,  shall  be  vested  in  a  Foard  of  school  commissioners,  which,  shall 
consist  of  five  school  commissioners.  The  said  board  of  school  commis- 
sioners shall  have  and  exercise  all  the  powers  now  conferred  by  an  act 
of  the  general  assembly  of  this  state,  approved  March  3,  1871,  entitled 
"An  Act  pro^dding  for  a  general  system  of  common  schools  in  all  cities 
of  thirty  thousand  or  more  inhabitants,  and  for  the  election  of  a  board  of 
school  commissioners  for  such  cities  and  defining  their  duties  and  pre- 
scribing their  powers,  and  providing  for  common  school  libraries  within 
such  cities,"  and  all  acts  amendatory  thereof  and  supplemental  thereto; 
and  also  all  powers  now  conferred  by  law  on  boards  of  school  commis- 
sioners in  cities  of  thirty  thousand  or  more  inhabitants,  according  to  the 
United  States  census  of  1870,  as  well  as  the  powers  now  conferred  by  law 
on  boards  of  school  commissioners  in  cities  of  one  hundred  thousand  or 
more  inhabitants,  except  as  otherwise  herein  provided.  And  said  board 
of  school  commissioners  provided  for  by  this  act  shall  assume,  pay  and 
be  liable  for  all  the  indebtedness  and  liabilities  of  boards  of  school  com- 
missioners heretofore  elected  under  the  above  described  acts.  (R.  S. 
1908  and  1914,  Sec.  6515;  R.  S.  1901,  Sec.  3904x.) 

533a.     Board  of  School  Commissioners  in  Cities  Over  100,000— Salary — 
Powers. 

1.  The  members  of  the  board  of  school  commissioners  of  the  com- 
mon school  corporation  of  each  city  of  this  state  having  a  population  of 
more  than  100,000,  according  to  the  last  preceding  United  States  census, 
shall  serve  as  such  commissioners  without  salary  or  compensation;  that 
the  board  in  electing  its  school  superintendent,  business  director,  sec- 
retary, librarian,  and  superintendent  of  buildings  and  grounds,  and  in 
selecting  such  other  agents  and  employes  as  the  business  of  a  school  cor- 
poration may  require,  shall  choose  persons  who,  in  the  judgment  of  the 
board,  possess  qualifications  peculiarly  fitting  them  respectively  for  the 
positions  they  are  to  occupy;  and  that  the  board  shall,  from  time  to 
time,  and  as  in  its  judgment,  the  best  interests  of  the  school  corporation 


334 

may  require,  contract  for  and  establish  the  amount  of  salary  or  com- 
pensation, to  be  paid  to  each  such  officer  elected  by  the  board,  and  to 
each  such  other  agent  and  employe  of  the  board.  (Acts  of  1917,  p.  331. 
R.  S.  1921,  Sec.  6515a.) 

534.     Qualifications  of  Members. 

2.     The  members  of  such  board  of  school  commissioners  shall  be  at 
least  twenty-five  years  of  age,  resident  of  the  city,  and  shall  have  been 
such  residents  for  at  least  three  years  immediately  preceding  their  elec- 
tion.   They  shall  be  ineligible  to  any  elective  or  appointive  office  under 
such  board  of  school  commissioners  and  under  the  government  of  such 
city  while  holding  membership  in  said  board.     They  shall  not  be  inter- 
ested in  any  contract  with  or  claim  against  the  school  city  in  which 
they   are  elected,   either  directly  or  indirectly.     If  at   any   time   after 
the  election  of  any  member  of  said  board  he  shall  become  interested 
in  any  such  contract  with  or  claim  against  said  school  city,  he  shall 
thereupon  be  disqualified  to  continue  as  a  member  of  said  board,  and  a 
vacancy  shall  thereby  be  created.    Every  member  of  said  board  shall, 
before  assuming  the  duties  of  his  office,  take  an  oath  before  some  one 
qualified  to  administer  oaths  that  he  possesses  all  of  the  qualifications 
required  by  this  act,  that  he  will  honestly  and  faithfully  discharge  the 
duties  of  his  office,  that  he  will  not,  while  serving  as  a  member  of  such 
board,  become  interested,   directly  or  indirectly,  in  any  contract  with 
or  claim  against  said  school  city,  and  that  he  will  not  be  influenced  dur- 
ing his  term  of  office  by  any  consideration  of  politics  or  religion  or  any- 
thing except  that  of  merit  and  fitness  in  the  appointment  of  officers  and 
the  engagement  of  employes.     No  compensation  shall  be  received  by 
members  of  the  board,  but  they  shall  be  exempt  from  jury  duty  during 
their  term  of  office.     (R.  S.  1908  and  1914,  Sec.  6516;  R.  S.  1901,  Sec. 
3904y.) 

[Acts  1903,  p.  5.     Approved  January  29,  1903.] 

535.    Term  of  Office — Nominations. 

3.  The  said  board  of  school  commissioners  shall  be  elected,  except 
as  specified  in  section  3  of  this  act,  on  a  general  ticket  for  the  term 
of  four  years,  by  the  voters  of  such  city  qualified  to  vote  at  its  city 
elections.  The  members  of  such  board  shall  be  elected  at  the  regular 
city  election  of  such  civil  city,  and  shall  be  taken  from  the  city  at  large 
without  reference  to  districts,  and  such  elections  shall  be  held  under 
the  provisions  of  the  general  laws  governing  such  city  elections,  so  far 
as  they  are  not  inconsistent  with  the  provisions  of  this  act.  The  ex- 
pense of  such  election,  except  that  of  printing  the  ballots,  shall  be  borne 
by  the  civil  city.  Not  later  than  forty  days  before  any  election  for 
members  of  the  board  of  school  commissioners,  provided  for  in  this  act, 
householders  of  said  city  may  present  names  of  candidates  for  election 
as  members  of  said  board  of  school  commissioners  by  filing  the  nomina- 
tions in  the  office  of  the  comptroller  of  said  city  in  the  manner  following: 
Each  candidate  shall  be  proposed  in  writing  by  not  fewer  than  three 
hundred  householders  of  said  city.  No  more  than  one  candidate  may  be 
named  in  any  one  petition  and  no  person  may  sign  more  than  one  petition 


335 

for  any  one  election.  Upon  the  filing  of  such  petition  in  the  office  of  the 
comptroller,  as  aforesaid,  the  comptroller  shall  place  the  same  in  the 
public  files  of  his  office  and  for  five  days,  the  last  of  which  shall  be  not 
less  than  thirty  days  before  the  election,  he  shall  publish  the  names  pro- 
posed in  two  daily  newspapers  of  the  city,  and  at  the  time  required 
by  law  shall  certify  such  nominations  to  the  regular  board  of  election 
commissioners,  for  said  city  election.  Any  one  thus  nominated  may 
withdraw  his  nomination  by  a  written  declination  filed  with  the  comp- 
troller before  the  certification  of  the  same  as  aforesaid.  The  comptroller 
shall  not  certify  or  publish  the  name  of  any  candidate  who  shall  appear 
to  be  ineligible  under  the  provisions  of  section  2  of  this  act.  The  elec- 
tion commissioners  shall  prepare  ballots  the  color  and  quality  of  whose 
paper  shall  be  the  same  as  that  of  the  regular  city  ballots.  The  bal- 
lots so  prepared  shall  contain  the  names  of  all  such  candidates  arranged 
in  alphabetical  order  in  columns  according  to  the  following  method:  The 
names  of  candidates  for  each  term  shall  be  printed  in  a  separate  column, 
those  for  the  regular  term  in  the  first  column  and  those  to  fill  vacancies 
in  the  second  column,  and  such  names  shall  be  printed  upon  the  ballots 
in  rotation  in  such  manner,  as  nearly  as  possible,  that  the  name  of  each 
candidate  shall  appear  at  the  head  of  the  column  for  his  term,  whether 
the  regular  or  the  vacancy  term,  as  often  as  that  of  any  other  such 
candidate  shall  so  appear,  and  in  the  second  place  a  like  number  of  times, 
and  so  on.  In  printing  the  ballots  the  positions  of  the  several  names 
shall  be  changed  as  many  times  as  there  are  candidates  to  be  voted  for. 
In  changing  the  position,  the  printer  shall  take  the  name  at  the  head 
of  the  column  and  put  it  at  the  foot,  raising  the  remainder  of  the  column 
so  that  the  name  that  was  second  before  the  change  shall  be  first  after 
the  change.  After  the  ballots  are  printed  they  shall  be  kept  in  separate 
piles,  one  pile  for  each  change  of  position,  and  then  gathered  by  taking 
one  from  each  pile  and  placing  it  upon  the  pile  to  be  blocked  in  such  a 
way  that  every  block  of  one  hundred  ballots  (and  all  ballots  shall  be 
sent  out  in  blocks  of  one  hundred  each)  shall  have  as  nearly  as  possible 
an  equal  number"  of  ballots  of  each  kind,  and  the  name  of  each  candi- 
date thereon  shall  appear  severally  in  first,  second,  third  and  fourth 
place,  and  so  on,  upon  the  several  ballots  an  equal  number  of  times  with 
each  of  the  other  candidates  for  the  said  term.  There  shall  be  nothing 
on  the  face  of  said  ballots  except  as  otherwise  pi-ovided  herein  and 
except  the  names  of  the  candidates  and  the  respective  terms  for  which 
they  are  candidates,  together  with  a  square  in  front  of  each  name  and 
a  statement  at  the  head  of  each  column  of  the  number  of  candidates  for 
that  term  for  whom  the  elector  may  vote,  and  that  the  elector  shall  in- 
dicate his  choice  by  marking  a  cross  in  the  square  opposite  the  name 
of  each  candidate  for  whom  he  votes,  and  not  elsewhere.  Such  ballots 
shall  be  voted  at  the  regular  city  election  and  deposited  in  a  separate 
ballot  box  to  be  provided  for  the  purpose.  Each  elector  may  vote  for  as 
many  candidates  as  there  are  members  to  be  elected  by  marking  a  cross 
in  the  square  opposite  the  name  of  each  candidate  for  whom  he  votes. 
No  election  officer,  challenger,  or  poll-book  holder  shall  indicate  to  any 
elector  offering  himself  to  vote  what  he  believes  or  understands  to  be 
the  political  affiliation  of  any  candidate  for  school  commissioner.    The 


336 

candidates,  in  number  equal  to  the  number  of  members  to  be  chosen, 
for  the  respective  terms  for  which  they  shall  have  been  nominated,  who 
have  the  highest  number  of  votes  of  those  cast  for  such  term,  shall  be 
declared  elected.  If  at  any  election  a  member  is  to  be  chosen  to  fill  a 
vacancy  and  to  serve  out  an  unexpired  term,  candidates  may  be  chosen 
as  above  provided,  but  they  shall  in  all  cases  be  nominated  or  proposed 
for  such  vacancy  and  designated  in  the  petition  and  o^  the  ballot  as 
candidates  to  fill  such  vacancy,  and  the  date  of  the  expiration  of  the 
unexpired  term  shall  be  stated.  The  vacancies  in  said  board  of  school 
commissioners  shall  be  filled  temporarily  by  the  board  as  soon  as  prac- 
ticable after  such  vacancy  occurs.  Such  member  so  chosen  shall  hold 
office  until  his  successor  be  elected  and  qualified.  His  successor  shall 
be  elected  at  the  next  regular  city  election,  when  the  vacancy  shall  be 
filled  for  the  remainder  of  the  term.  Any  person  violating  any  of  the 
provisions  of  this  section  shall  be  fined,  upon  conviction,  in  any  sum  not 
exceeding  two  hundred  dollars.  (R.  S.  1908  and  1914,  Sec.  6517;  R.  S. 
1905,  Sec.  3656.) 

536.     Organization  of  First  Board. 

4.  At  the  city  election  occurring  on  the  second  Tuesday  of  October, 
1899,  five  members  of  the  board  of  school  commissioners  shall  be  elected 
to  serve  as  herein  provided.  They  shall  assume  office  on  the  first  day 
of  January,  1900,  and  shall  meet  at  the  office  of  the  present  board  of 
school  commissioners  of  such  city  at  12  o'clock  noon,  and  shall  proceed  to 
organize.  Within  one  week  after  the  organization  of  said  elected  board 
they  shall  meet  to  divide  themselves  by  lot,  in  such  manner  as  they  shall 
determine,  into  two  classes,  as  follows:  The  first  class,  consisting  of 
three  members,  shall  hold  office  through  the  31st  day  of  December, 
1901.  The  second  class,  consisting  of  two  members,  shall  hold  office 
through  the  31st  day  of  December,  1903.  Thereafter,  regular  elections 
of  members  of  the  board  of  school  commissioners  shall  occur  at  the  reg- 
ular city  election,  held  on  the  second  Tuesday  of  October  of  each  alter- 
nate year.  In  the  year  1901,  and  every  fourth  year  thereafter,  three 
members  shall  be  elected.  In  the  year  1903,  and  every  fourth  year 
thereafter,  two  members  shall  be  elected.  (R.  S.  1908  and  1914,  Sec. 
6518;  R.  S.  1901,  Sec.  3901al.) 

Note. — The  remainder  of  this  act  has  nothing  to  do  with  the  election 
of  school  commissioners  or  their  qualifications. 


SPECIAL  ELECTIONS 

WAR  MEMORIALS 
COUNTY  HOSPITALS 


22—22129  (337) 


CHAPTER  XV. 
WAR  MEMORIALS  AND  COUNTY  HOSPITALS. 

SEC.  SEC. 

537.    Rights  of  cities  in  acquiring  real  es-        538.  Proceedings  required  to  carry  out  the 
tate   and   construction   war  memo-  provisions — Declaratory  resolution- 

rials.  Election. 

539.  Public    hospitals — Petition — Election. 

[Approved  March  10,  1921.] 

537.     Rights  of  Cities  in  Acquiring  Real  Estate  and  Constructing  War 
Memorials. 

1.  That  any  city  in  the  state  is  hereby  given  power  and  authority, 
acting  by  and  through  its  department  of  public  works,  with  the  approval 
of  its  mayor,  when  money  and  funds  have  been  appropriated  therefor 
by  ordinance  duly  passed  by  the  common  council,  by  at  least  a  majority 
vote  thereof  and  approved  by  the  mayor,  to  acquire  by  purchase,  dona- 
tion or  condemnation,  suitable  grounds,  real  estate  and  interest  therein 
in  such  city  and  to  erect  and  maintain  upon  such  grounds  and  real  estate 
so  acquired,  suitable  structures  to  commemorate  the  bravery,  courage, 
valor  and  sacrifice  of  the  soldiers,  sailors  and  marines  of  the  United 
States  and  of  all  others  who  rendered  faithful,  loyal,  heroic  and  self- 
sacrificing  service  at  home  and  overseas  in  the  great  world  war,  and 
to  provide  a  place  or  places  of  meeting  and  headquarters  for  organiza- 
tions of  such  soldiers,  sailors  and  marines  or  any  other  patriotic  soci- 
eties or  associations  and  for  the  keeping  of  records,  archives,  documents, 
flags  mementos  and  relics  and  for  other  public  meetings,  and  for  other 
public  purposes,  and  in  order  to  inculcate  a  true  understanding  and 
appreciation  of  the  duties,  benefits  and  privileges  of  American  citizen- 
ship, and  to  inspire  patriotism  and  respect  for  the  law  to  the  end  that 
peace  may  prevail,  good  will  be  promoted,  justice  be  administered  and 
established,  public  order  maintained,  and  liberty  and  freedom  under  the 
law  be  perpetuated. 

And  for  world  war  memorial  and  other  public  purposes,  any  city 
shall,  in  addition  to  the  power  hereinbefore  conferred,  have  the  right 
and  is  hereby  given  the  power: 

First.  To  acquire  by  purchase,  donation  or  condemnation,  grounds, 
real  estate  and  interest  therein,  to  be  dedicated,  set  apart  by  such  city 
and  added  to  any  real  estate  that  may  have  been  or  may  be  hereafter 
designated  for  use,  dedicated  or  set  apart  by  the  State  of  Indiana  for 
world  war  memorial  and  other  public  purposes,  by  proper  contract,  deed 
or  grant,  by  which  such  real  estate  so  acquired  shall  be  dedicated,  set 
apart  and  conveyed  by  such  city  to  the  State  of  Indiana  for  world  war 
memorial  and  other  public  purposes,  as  provided  therein. 

Second.  To  join  with  the  county  in  which  it  is  located  to  acquire 
by  purchase,  donation  or  condemnation,  grounds,  real  estate  and  inter- 
est therein,  to  be  dedicated  and  set  apart  by  such  city  and  such  county 
jointly  and  added  to  any  real  estate  that  may  have  been  or  may  be  here- 
after designated  for  use,  dedicated  or  set  apart  by  the  State  of  Indiana, 

(339) 


340 

for  world  war  memorial  and  other  public  purposes,  by  proper  contract, 
deed  or  grant,  by  which  such  real  estate  so  acquired  shall  be  dedicated, 
set  apart  and  conveyed  by  such  city  and  such  county  jointly  to  the  State 
of  Indiana,  for  world  war  memorial  and  other  public  purposes,  as  pro- 
vided therein. 

Third.  To  join  with  the  county  in  which  it  is  located  in  the  acquisi- 
tion, by  purchase,  donation  or  condemnation  of  grounds,  real  estate  and 
interest  therein,  and  the  erection,  construction  and  maintenance  thereon 
of  a  joint  city  and  county  world  war  memorial,  and  for  other  public 
purposes,  all  as  provided  in  this  act.     (R.  S.  1921,  Sec.  10096t.) 

539.     Proceedings  Required  to  Carry  Out  the  Provisions  of  this  Act — 
Declaratory  Resolution — Election. 

24.  Whenever  any  city  by  and  through  its  common  council  desires  to 
carry  out  any  or  all  of  the  purposes  of  this  act,  such  common  council 
shall  adopt  a  declaratory  resolution  which  resolution  shall  be  in  sub- 
stance as  follows: 

Be  it  resolved,  by  the  common  council  of  the  city  of 

that  said  city  should  proceed  alone  or  jointly  with 

county  in  which  it  is  located  to  carry  out  the  purposes  of  this  act  re- 
ferring to  this  act  by  title,  which  resolution  shall  be  submitted  to  the 
mayor  of  such  city  for  his  approval.  If  such  resolution  is  approved  by 
the  mayor,  notice  of  the  adoption  of  such  declaratory  resolution  shall 
be  given  by  the  city  clerk  of  such  city  by  the  publication  of  such  declara- 
tory resolution  in  full  in  at  least  three  newspapers  printed  and  of  gen- 
eral circulation  in  such  city  by  two  insertions  published  at  least  a 
week  apart.  Within  thirty  days  after  the  date  of  the  second  publica- 
tion of  said  declaratory  resolution  any  qualified  voter  of  said  city  shall 
have  a  right  to  file  with  the  city  clerk  of  said  city  a  written  remon- 
strance against  said  declaratory  resolution  duly  signed  in  ink  by  said 
voter  in  person  which  remonstrance  shall  give  the  residence,  sex  and 
state  that  the  signer  is  a  qualified  voter  of  such  city.  Any  person  sign- 
ing any  such  remonstrance  who  is  not  a  qualified  voter  of  said  city  shall 
be  guilty  of  the  same  offense  as  casting  an  illegal  vote  and  shall  be 
punished  accordingly.  More  than  one  voter  may  sign  the  same  remon- 
strance. If  within  thirty  days  after  the  second  publication  of  said 
declaratory  resolution  remonstrances  shall  have  been  filed,  signed  by  at 
least  five  (5)  per  cent  of  the  qualified  voters  of  such  county  against 
such  declaratory  resolution,  then  the  common  council  of  such  city  by 
ordinance  duly  passed  and  approved  by  the  mayor,  shall  cause  said 
declaratory  resolution  to  be  submitted  to  the  qualified  voters  of  such 
city  at  a  general  city  election,  or  at  a  special  city  election,  to  be  held 
for  that  purpose,  of  which  election  previous  notice  shall  be  given  by 
publication  once  each  week  for  two  consecutive  weeks  in  not  less  than 
two  newspapers  printed  and  of  general  circulation  in  such  city.  The 
second  of  which  publications  shall  be  at  least  thirty  days  prior  to  the 
date  fixed  for  such  election.  The  ballots  for  such  election  shall  have 
printed  thereon  in  separate  lines  the  following  phrases:  "For  Declara- 
tory Memorial  Resolution  No "  and  "Against  Declaratory  Reso- 
lutions   No "    designating    the    number    of    the    resolution 


341 

submitted,  or  Other  similar  phrases  by  which  the  voter  may  effectually 
express  his  or  her  choice  upon  the  question  submitted,  and  each  phrase 
shall  have  printed  to  the  left  thereof  of  a  voting  square  by  marking  in 
which  square  a  cross,  thus  X,  the  voter  may  express  his  or  her  choice. 

Any  such  election  shall  be  governed  otherwise  by  the  general  elec- 
tion laws  of  the  State  of  Indiana  so  far  as  applicable.  If  a  majority 
of  the  votes  cast  at  such  election  by  [be]  opposed  to  such  declaratory 
resolution  then  such  city  shall  have  no  authority  to  proceed  under  said 
declaratory  resolution  as  contemplated  in  this  act.  If,  however,  a  ma- 
jority of  the  votes  cast  at  such  election  be  in  favor  of  such  declaratory 
resolution,  such  city  shall  have  the  right  to  appropriate  money,  issue 
bonds,  levy  taxes,  all  as  provided  in  this  act,  and  do  everything  that 
may  be  necessary  to  carry  out  the  purpose  of  this  act.  Provided,  how- 
ever, That  in  determining  the  majority  of  votes  cast  for  or  against  said 
declaratory  resolution  only  the  votes  actually  cast  for  or  against  such 
declaratory  resolution  shall  be  counted.  In  the  event  remonstrances 
duly  signed  by  at  least  five  (5)  per  cent  of  the  qualified  voters  of  such 
city  are  not  filed  with  the  city  clerk  of  such  city  within  thirty  days 
after  the  second  publication  of  said  declaratory  resolution  as  herein 
provided,  then  and  in  that  event,  said  city  shall  have  the  right  to  carry 
out  the  purposes  of  this  act  without  submitting  such  resolution  to  the 
qualified  voters  of  such  city  at  an  election  as  provided  in  this  act.  In 
the  event  such  city  desires  to  join  with  the  county  in  which  it  is  located 
for  all  or  any  of  the  purposes  authorized  by  this  act,  and  an  election 
shall  have  been  called  by  the  county  in  which  city  is  located  for  the 
purpose  of  submitting  to  the  qualified  voters  of  such  county  a  declaratory 
memorial  resolution  of  such  county  and  such  city  jointly,  then  the  com- 
mon council  of  such  city  may  provide  if  a  city  election  is  required,  as 
provided  in  this  act,  that  it  shall  be  held  on  the  same  day  as  the  county 
election  and  that  the  county  election  officials  for  such  election  shall  act 
as  city  election  officials  for  such  election,  without  additional  ompensation. 
Such  city  shall  pay  to  such  county  a  sum  equal  to  one-half  of  the  cost 
of  such  election  in  such  city  other  than  the  printing  of  ballots  and  sup- 
plies: Provided,  That  any  precinct  which  is  partly  within  such  city 
and  partly  without  such  city  the  voter  who  does  not  live  within  such 
city  shall  not  be  entitled  to  receive  or  vote  a  city  ballot.  The  election 
officers  shall  make  separate  county  election  returns  and  separate  city 
election  returns  as  now  provided  by  law. 

Provided  further.  That  if  any  bonds  are  issued  under  this  act  by 
any  city  and  the  same  have  to  be  refunded  as  provided  in  this  act,  then, 
and  in  that  event,  it  shall  not  be  necessary  for  the  common  council  of 
such  city  to  adopt  a  declaratory  resolution  and  submit  the  same  to  the 
qualified  voters  of  such  city.     (R.  S.  1921,  Sec.  10096ql.) 

540.     Public  Hospitals — Petition — ^Election. 

[Approved   March   10,   1921.] 
1.     Any  county  in  this  state  may  establish  a  public  hospital  in  the 
following   manner:     Whenever  the  board   of   county   commissioners   of 
any  county  shall  be  presented ,  with  a  petition  signed  by  tw^o  hundred 


342 

(200)  resident  freeholders  of  such  county,  one  hundred  and  fifty  (150)  of 
whom  shall  not  be  residents  of  the  city  or  town  in  which  it  is  proposed 
to  locate  such  public  hospital,  and  with  a  bond  in  sufficient  sum,  pay- 
able to  said  county,  conditioned  that  if  the  election  hereinafter  provided 
for  shall  fail  to  receive  a  majority  of  the  votes  cast  one-half  of  the 
expense  of  such  election  shall  be  paid  by  the  petitioners,  asking  that 
an  annual  tax  levy  may  be  levied  for  the  establishment  and  maintenance 
of  a  public  hospital  at  a  place  in  the  county  named  therein,  and  shall 
specify  in  their  petition  the  maximum  amount  of  money  proposed  to 
be  expended  in  the  purchasing  or  building  of  such  hospital,  such  board 
of  county  commissioners  shall  make  an  order  requiring  the  county  audi- 
tor to  give  notice  by  publication  for  three  (3)  consecutive  weeks  in 
a  weekly  or  daily  newspaper  of  general  circulation  printed  and  published 
in  said  county,  that  on  a  day  to  be  named  by  the  board  at  a  date, not 
earlier  than  thirty  (30)  days  nor  later  than  sixty  (60)  days  from  the 
date  of  the  first  publication  the  polls  will  be  opened  at  the  several 
voting  places  in  said  county  for  the  purpose  of  taking  the  vote  of  the 
legal  voters  thereof  upon  the  question  whether  the  proposed  hospital 
named  in  the  petition  shall  be  established  and  the  auditor  shall  publish 
such  notice,  as  required  by  the  order.  On  the  day  named  in  said  notice, 
such  polls  shall  be  opened  and  the  votes  of  the  legal  voters  shall  be 
taken  upon  the  matters  named  therein,  and  such  election  shall  be  gov- 
erned in  all  respects  by  the  general  laws  of  this  state  concerning  elections 
in  so  far  as  the  same  are  applicable,  except  that  when  the  election  is 
held  as  a  special  election,  the  election  board  in  each  precinct  shall  con- 
sist of  two  (2)  members  only,  a  clerk  and  an  inspector,  who  shall  be 
appointed  by  the  board  of  county  commissioners,  not  less  than  one  (1) 
week  before  such  election  is  held.  The  board  of  election  commissioners 
for  such  election  shall  consist  of  the  auditor  and  two  (2)  commissioners 
to  be  appointed  by  the  board  of  county  commissioners,  and  they  shall 
prepare  and  cause  to  be  printed  the  ballots  therefor  and  distribute  the 
same  in  the  manner  required  by  law.  The  ballots  shall  set  forth  the 
city,  town  or  place  where  it  is  proposed  to  locate  such  public  hospital; 
the  amount  of  money  proposed  to  be  expended  in  the  purchasing  or  build- 
ing of  said  hospital;  the  amount  proposed  to  be  levied  by  taxation 
annually  for  the  maintenance  of  such  hospital;  and  following  such  de- 
scription there  shall  be  printed  two  (2)   squares  and  words  as  follows: 

YES.     For  the  hospital. 
NO.    Against  the  hospital. 

Each  voter  desiring  to  vote  for  the  establishment  of  such  hospital 
shall  mark  a  cross  with  a  blue  pencil  in  the,  square  containing  the  word 
"Yes,"  and  each  voter  desiring  to  vote  against  such  proposed  hospital 
shall  mark  a  cross  in  the  square  containing  the  word  "No."  The  votes 
cast  at  such  election  shall  be  canvassed  at  the  office  of  such  auditor  on 
the  Thursday  following  the  election,  and  a  certificate  of  the  votes  cast 
for  and  against  such  hospital,  signed  by  the  inspector,  shall  be  filed 
with  such  auditor  and  by  him  submitted  to  the  board  of  commissioners 
at  their  next  session.  If  a  majority  of  the  votes  cast  at  any  such  elec- 
tion be  found  to  be  in  favor  of  the  establishment  of  such  hospital,  such 


343 

board  of  commissioners  shall  enter  an  order  establishing  such  hospital 
and  authorizing  the  purchase  or  building  of  such  hospital,  fixing  the 
amount  to  be  paid  therefor  and  also  fixing  the  amount  of  tax  to  be  levied 
upon  the  assessed  property  of  said  county  for  maintenance  thereof, 
which  tax  shall  not  exceed  two  (2)  mills  on  the  dollar  for  a  period  of 
time  not  exceeding  twenty  (20)  years;  and  may  provide  for  the  issuing 
of  county  bonds  to  provide  funds  for  the  purchase  of  a  site  or  sites  and 
the  erection  thereon  of  a  public  hospital  and  hospital  buildings  and  for 
the  support  of  the  same.  Whenever  a  board  of  commissioners  has  en-, 
tered  an  order  fixing  the  amount  of  tax  to  be  levied  upon  the  assessed 
property  of  said  county  for  maintenance  of  such  hospital  and  it  shall 
afterward  be  shown  to  the  satisfaction  of  such  board  of  commissioners 
by  the  trustees  provided  for  by  section  2  of  this  act  that  the  funds  de- 
rived from  such  tax  will  not  be  sufficient  to  maintain  such  hospital, 
then  upon  such  showing  the  board  of  commissioners  may  increase  the 
tax  to  be  levied  for  such  maintenance  to  the  extent  necessary:  Pro- 
vided, however.  That  the  combined  tax  for  purchase  and  maintenance 
of  such  hospital  shall  not  exceed  two  (2)  mills  on  the  dollar:  Provided, 
That  in  any  county  where  an  election  has  heretofore  been  held  for  the 
erection  of  a  hospital,  and  a  majority  of  the  votes  cast  on  the  matter  of 
the  erection  of  said  hospital,  have  been  in  favor  thereof,  the  board  of 
commissioners  may  enter  an  order  fixing  the  amount  of  tax  to  be  levied 
upon  the  assessed  property  of  said  county  for  maintenance,  such  amount 
not  to  exceed  ten  per  cent  annually  of  the  amount  set  out  in  the  petition 
and  ballot  for  erection  of  said  hospital.     (R.  S.  1921,  Sec.  3776el.) 


NATURALIZATION 


(816) 


CHAPTER  XIII. 
CITIZENSHIP  AND  NATURALIZATION  LAWS. 


SEC. 
541. 
542. 

543. 
544. 

545. 

546. 
547. 

548. 

549. 
550. 
551. 
552. 

553. 
554. 
555. 
556. 
557. 


541. 


Citizenship  by  birth. 

Citizenship  of  children  born  abroad 
of  citizens. 

Citizenship  of  women  by  marriage. 

Children  of  persons  naturalized  under 
certain  laws  to  be  citizens. 

Expatriation  of  citizens  and  their 
protection  abroad. 

Porto  Rican  citizenship. 

Naturalization,  citizenship  and  resi- 
dence of  Porto  Ricans. 

Granting  citizenship  to  Indians  who 
served  in  great  war. 

Alien  soldiers  and  sailors. 

Chinese  not  admitted. 

White  and  Africans  included. 

Residence  of  five  years  in  United 
States. 

Residence  in   Hawaii. 

Prior  proceedings  in  Hawaii. 

Colonials. 

Children  of  citizens. 

Wife  making  homestead  entry — Chil- 
dren of  insane  aliens. 


SEC. 

558. 
559. 
560. 
561. 


562. 
563. 

564. 
565. 

566. 
567. 
568. 

569. 
570. 
571. 
572. 
573. 
574. 


Alien  enemies  debarred. 

Merchant  seamen. 

Jurisdiction  of  courts. 

Naturalization  procedure — Alien  ene- 
mies, merchant  seamen — Persons 
in  military  or  naval  service. 

Subpoenas  for  witnesses. 

Docketing  and  hearing  of  petition — 
Change  of  name. 

Anarchists  and  polygamists  debarred. 

Persons  not  speaking  English  lan- 
guage. 

Final  hearing  and  order  of  court. 

Evidence  of  residence. 

Appearance  and  defense  by  the  United 
States. 

Clerk's   duties — Duplicates. 

Fees  of  clerks,  clerical  assistance. 

Binding  and  indexing  papers. 

Cancellation  of  certificate. 

Forms. 

Power  to  enforce  act — Certified  copies 
from  records. 


Citizenship  by  Birth. 

1.  All  persons  born  or  naturalized  in  the  United  States  and  sub- 
ject to  the  jurisdiction  thereof,  are  citizens  of  the  United  States  and 
of  the  state  wherein  they  reside.     (Constitution  U.  S.,  Art.  XIV.) 

542.  Citizenship  of  Children  Bom  Abroad  of  Citizens. 

1993.  All  children  heretofore  born  or  hereafter  bom  out  of  the 
limits  and  jurisdiction  of  the  United  States,  whose  fathers  were  or 
may  be  at  the  time  of  their  birth  citizens  thereof,  are  declared  to  be 
citizens  of  the  United  States;  but  the  rights  of  citizenship  shall  not 
descend  to  children  whose  fathers  never  resided  in  the  United  States. 
(R.  S.  1878,  p.  350.     1  Comp.  Stat.  1901,  p.  1268.) 

543.  Citizenship  of  Women  by  Marriage. 

1994.  Any  woman  who  is  now  or  may  hereafter  be  married  to  a 
citizen  of  the  United  States,  and  who  might  herself  be  lawfully  natural- 
ized, shall  be  deemed  a  citizen.  (R.  S.  1878,  p.  350.  1  Comp.  Stat.  1901, 
p.  1268.) 

544.  Children  of  Persons  Naturalized  Under  Certain  Laws  to  Be  Citizens. 

2172.  The  children  of  persons  who  have  been  duly  naturalized 
under  any  law  of  the  United  States,  or  who,  previous  to  the  passing 
of  any  law  on  that  subject  by  the  government  of  the  United  States,  may 
have  become  citizens  of  any  one  of  the  states,  under  the  laws  thereof, 
being  under  the  age  of  twenty-one  years  at  the  time  of  the  natural- 
ization of  their  parents,  shall,  if  dwelling  in  the  United  States,  be  con- 
sidered ao  citizens  thereof;  and  the  children  of  persons  who  now  are, 
or  have  been,  citizens  of  the  United  States,  shall,  though  born  out  of 
the  limits  and  jurisdiction  of  the  United  States,  be  considered  as  citizens 


(347) 


348 

thereof;  but  no  person  heretofore  proscribed  by  any  state,  or  who  has 
been  legally  convicted  cf  having  joined  the  army  of  Great  Britain  during 
the  revolutionary  war,  shall  be  admitted  to  become  a  citizen  without 
the  consent  of  the  legislature  of  the  state  in  which  such  person  was 
proscribed.     (R.  S.  1878,  p.  380.     1  Comp.  Stat.  1901,  p.  1334.) 

545.     Expatriation  of  Citizens  and  Their  Protection  Abroad. 

(Act  of  March  2,  1907.) 

1.  (Repealed  by  Sec.  5,  Public  Act,  No.  238,  66th  Cong.) 

2.  That  any  American  citizen  shall  be  deemed  to  have  expatriated 
himself  when  he  has  been  naturalized  in  any  foreign  state  in  conformity 
with  its  laws,  or  when  he  has  taken  an  oath  of  allegiance  to  any  foreign 
state. 

When  any  naturalized  citizen  shall  have  resided  for  two  years  in 
the  foreign  state  from  which  he  came,  or  for  five  years  in  any  other 
foreign  state,  it  shall  be  presumed  that  he  has  ceased  to  be  an  Amer- 
ican citizen,  and  the  place  of  his  general  abode  shall  be  deemed  his  place 
of  residence  during  said  years:  Provided,  however.  That  such  presump- 
tion may  be  overcome  on  the  presentation  of  satisfactory  evidence  to  a 
diplomatic  or  consular  officer  of  the  United  States,  under  such  rules  and 
regulations  as  the  department  of  state  may  prescribe:  And  Provided 
also.  That  no  American  citizen  shall  be  allowed  to  expatriate  himself 
when  this  country  is  at  war. 

3.  That  any  American  woman  who  marries  a  foreigner  shall  take 
the  nationality  of  her  husband.  At  the  termination  of  the  marital  rela- 
tion she  may  resume  her  American  citizenship,  if  abroad,  by  registering 
as  an  American  citizen  within  one  year  with  a  consul  of  the  United 
States,  or  by  returning  to  reside  in  the  United  States,  or,  if  residing 
in  the  United  States  at  the  termination  of  the  marital  relation,  by  con- 
tinuing to  reside  therein. 

4.  That  any  foreign  woman  who  acquires  American  citizenship  by 
marriage  to  an  American  shall  be  assumed  to  retain  the  same  after  the 
termination  of  the  marital  relation  if  she  continue  to  reside  in  the  United 
States,  unless  she  makes  formal  renunciation  thereof  before  a  court 
having  jurisdiction  to  naturalize  aliens,  or  if  she  resides  abroad  she 
may  retain  her  citizenship  by  registering  as  such  before  a  United  States 
consul  within  one  year  after  the  termination  of  such  martial  relation. 

5.  That  a  child  bom  without  the  United  States  of  alien  parents 
shall  be  deemed  a  citizen  of  the  United  States  by  virtue  of  the  natural- 
ization of  or  resumption  of  American  citizenship  by  the  parent:  Pro- 
vided, That  such  naturalization  or  resumption  takes  place  during  the 
minority  of  such  child:  And  Provided  further,  That  the  citizenship  of 
such  minor  child  shall  begin  at  the  time  such  minor  child  begins  to  re- 
side permanently  in  the  United  States. 

6.  That  all  children  born  outside  the  limits  of  the  United  States 
who  are  citizens  thereof  in  accordance  with  the  provisions  of  section 
1993  of  the  revised  statutes  of  the  United  States  and  who  continue  to 
reside  outside  the  United  States  shall,  in  order  to  receive  the  protection 
of  this  government,  be  required  upon  reaching  the  age  of  eighteen  years 


349 

to  record  at  an  American  consulate  their  intention  to  become  residents 
and  remain  citizens  of  the  United  States  and  shall  be  further  required 
to  take  the  oath  of  allegiance  to  the  United  States  upon  attaining  their 
majority. 

7.  That  duplicates  of  any  evidence,  registration,  or  other  acts  re- 
quired by  this  act  shall  be  filed  with  the  department  of  state  for  record. 
(34  Stat.  L.,  Pt.  1,  p.  1228.) 

546.  Porto  Rican  Citizenship. 

7.  That  all  inhabitants  continuing  to  reside  therein  who  were  Span- 
ish subjects  on  the  11th  day  of  April,  1899,  and  then  resided  in  Porto 
Rico,  and  their  children  born  subsequent  thereto^  shall  be  deemed  and 
held  to  be  citizens  of  Porto  Rico,  and  as  such  entitled  to  the  protection 
of  the  United  States,  except  such  as  shall  have  elected  to  preserve  their 
allegiance  to  the  crown  of  Spain  on  or  before  the  11th  day  of  April, 
1900,  in  accordance  with  the  provisions  of  the  treaty  of  peace  between 
the  United  States  and  Spain  entered  into  on  the  11th  day  of  April,  1899; 
...     (31  Stat.  L.,  79.) 

547.  Porto  Rico:   Citizenship,  Naturalization,  and  Residence. 

(Act  of  March  2,  1917.) 

5.  That  all  citizens  of  Porto  Rico,  as  defined  by  section  7  of  the  act 
of  April  12,  1900,  "temporarily  to  provide  revenues  and  a  civil  govern- 
ment for  Porto  Rico,  and  for  other  purposes,"  and  all  natives  of  Porto 
Rico,  who  were  temporarily  absent  from  that  island  on  ,April  11,  1899, 
and  have  since  returned  and  are  permanently  residing  in  that  island, 
and  are  not  citizens  of  any  foreign  country,  are  hereby  declared,  and 
shall  be  deemed  and  held  to  be,  citizens  of  the  United  States:  Pro- 
vided, That  any  person  hereinbefore  described  may  retain  his  present 
political  status  by  making  a  declaration,  imder  oath,  of  his  decision  to 
do  so  within  six  months  of  the  taking  effect  of  this  act  before  the  district 
court  in  the  district  in  which  he  resides,  the  declaration  to  be  in  form 
as  follows: 

"I, ,  being  duly  sworn, 

hereby  declare  my  intention  not  to  become  a  citizen  of  the  United  States 
as  provided  in  the  act  of  congress  conferring  United  States  citizenship 
upon  citizens  of  Porto  Rico  and  certain  natives  permanently  residing  in 
said  island." 

In  the  case  of  any  such  person  who  may  be  absent  from  the  island 
during  said  six  months  the  term  of  this  proviso  may  be  availed  of  by 
transmitting  a  declaration,  under  oath,  in  the  form  herein  provided 
within  six  months  of  the  taking  effect  of  this  act  to  the  executive  sec- 
retary of  Porto  Rico:  And  Provided  further.  That  any  person  who  is 
bom  in  Porto  Rico  of  an  alien  parent  and  is  permanently  residing  in 
that  island  may,  if  of  full  age,  within  six  months  of  the  taking  effect 
of  this  act,  or  if  a  minor,  upon  reaching  his  majority  or  within  one  year 
thereafter,  make  a  sworn  declaration  of  allegiance  to  the  United  States 
before  the  United  States  district  court  for  Porto  Rico,  setting  forth 
therein  all  the  facts  connected  with  his  or  her  birth  and  residence  in  Porto 


350 

Rico  and  accompanying  due  proof  thereof,  and  from  and  after  the  mak- 
ing of  such  declaration  shall  be  considered  to  be  a  citizen  of  the  United 
States. 

41.  That  Porto  Rico  shall  constitute  a  judicial  district  to  be  called 
"the  district  of  Porto  Rico."  .  .  .  The  district  court  for  said  dis- 
trict shall  be  called  "the  district  court  of  the  United  States  for  Porto 
Rico,"  .  .  .  said  district  court  shall  have  jurisdiction  for  the  natural- 
ization of  aliens  and  Porto  Ricans,  and  for  this  purpose  residence  in 
Porto  Rico  shall  be  counted  in  the  same  manner  as  residence  elsewhere  in 
the  United  States.     .     .     (39  Stat.  L.,  965.) 

548.  Granting  Citizenship  to  Certain  Indians. 

(Received  by  the  President,  October  25,  1919;  has  become  a  law  without 

his  approval.) 
BE  IT  ENACTED  BY  THE  SENATE  AND  HOUSE  OF  REPRE- 
SENTATIVES OF  THE  UNITED  STATES  OF  AMERICA  IN  CON- 
GRESS ASSEMBLED,  That  every  American  Indian  who  served  in  the 
military  or  naval  establishments  of  the  United  States  during  the  war 
against  the  imperial  German  government  and  who  has  received  or 
who  shall  hereafter  receive  an  honorable  discharge,  if  not  now  a  citizen, 
and  if  he  so  desires,  shall,  on  proof  of  such  discharge  and  after  proper 
identification  before  a  court  of  competent  jurisdiction,  and  without  other 
examination  except  as  prescribed  by  said  court,  be  granted  full  citizen- 
ship with  all  the  privileges  pertaining  thereto,  without  in  any  mann^ 
impairing  or  otherwise  affecting  the  property  rights,  individual  or  tribal, 
of  any  such  Indian  or  his  interest  in  tribal  or  other  Indian  property. 
(Public  Laws,  No.  75,  66th  Cong.) 

549.  Alien  Soldiers  and  Sailors. 

2166.  Any  alien,  of  the  age  of  twenty-one  years,  and  upward,  who 
has  enlisted,  or  may  enlist,  in  the  armies  of  the  United  States,  either  the 
regular  or  the  volunteer  forces,  and  has  been  or  may  be  hereafter,  hon- 
orably discharged,  shall  be  admitted  to  become  a  citizen  of  the  United 
States,  upon  his  petition,  without  any  previous  declaration  of  his  inten- 
tion to  become  such;  and  he  shall  not  be  required  to  prove  more  than 
one  year's  residence  within  the  United  States  previous  to  his  application 
to  become  such  citizen;  and  the  court  admitting  such  alien  shall,  in  addi- 
tion to  such  proof  of  residence  and  good  moral  character,  as  now  pro- 
vided by  law,  be  satisfied  by  competent  proof  of  such  persons  having 
been  honorably  discharged  from  the  service  of  the  United  States.  (R.  S. 
U.  ,S.,  Sec.  2166.) 

Any  alien  of  the  age  of  twenty-one  years  and  upward  who  has 
enlisted  or  may  enlist  in  the  United  States  navy  or  marine  corps,  and 
has  served  or  may  hereafter  serve  five  consecutive  years  in  the  United 
States  navy  or  one  enlistment  in  the  United  States  marine  corps,  and  has 
been  or  may  hereafter  be  honorably  discharged,  shall  be  admitted  to 
become  a  citizen  of  the  United  States  upon  his  petition,  without  any  pre- 
vious declaration  of  his  intention  to  become  such;  and  the  court  admitting 
such  alien  shall,  in  addition  of  good  moral  character,  be  satisfied  by  com- 
petent proof  of  such  person's  service  in  an  honorable  discharge  from 


351 

the  United  States  navy  or  marine  corps.     (R.   S.  1908  and  1914,  Sec. 
9051;  28  U.  S.  Stat.  L.  124.    Barnes  Federal  Code,  Sec.  3740.) 

[Modified  and  in  part  repealed  by  Sec.  488.] 

550.  Chinese  Not  Admitted. 

14.  That  hereafter  no  state  court  or  court  of  the  United  States  shall 
admit  Chinese  to  citizenship;  and  all  laws  in  conflict  with  this  act  are 
hereby  repealed.  (R.  S.  1908  and  1914,  Sec.  9055a;  22  U.  S.  Stat.  L.  58. 
Barnes  Federal  Code,  Sec.  3741.) 

551.  Whites  and  Africans  Included. 

2169,  (As  amended,  1875.)— The  provisions  of  this  title  shall  ap- 
ply to  aliens  being  free  white  persons,  and  to  aliens  of  African  nativity 
and  to  persons  of  African  descent.  (R.  S.  1908  and  1914,  Sec.  9055b; 
R.  S.  U.  S.,  Sec.  2169.     Barnes  Federal  Code,  Sec.  3742.) 

552.  Residence  of  Five  Years  in  United  States. 

2170.  No  alien  shall  be  admitted  to  become  a  citizen  who  has  not 
for  the  continued  term  of  five  years  next  preceding  his  admission  resided 
within  the  United  States.  (R.  S.  1878,  p.  380,  Sec.  2170;  Act  March  3, 
1813,  c.  42,  Sec.  12,  2  Stat.  811;  Sec.  3743,  Barnes  Federal  Code.  1  Comp. 
Stat.  1901,  p.  1333.) 

553.  Residence  in  Hawaii. 

For  the  purpose  of  naturalization  under  the  laws  of  the  United 
States,  residence  in  the  Hawaiian  Islands  prior  to  the  taking  effect  of 
this  act  shall  be  deemed  equivalent  to  residence  in  the  United  States 
and  in  the  tei-ritory  of  Hawaii,  and  the  requirement  of  a  previous  declara- 
tion of  intention  to  become  a  citizen  of  the  United  States,  and  to  renounce 
former  allegiance  shall  not  apply  to  persons  who  have  resided  in  said 
islands  at  least  five  years  prior  to  the  taking  effect  of  this  act;  but  all 
other  provisions  of  the  laws  of  the  United  States  relating  to  naturaliza- 
tion shall,  so  far  as  applicable,  apply  to  persons  in  the  said  islands. 
(Acts  April  30,  1900,  c.  339,  Sec.  100;  31  Stat.  161;  May  27,  1910,  c. 
258;  Sec.  9,  36  Stat.  448;  Sec.  3744,  Barnes  Federal  Code.) 

554.  Prior  Proceedings  in  Hawaii. 

All  records  relating  to  naturalization,  all  declarations  of  intention 
to  become  citizens  of  the  United  States,  and  all  certificates  of  natural- 
ization filed,  recorded,  or  issued  prior  to  the  taking  effect  of  the  natural- 
ization act  of  June  29,  1906,  in  or  from  any  circuit  court  of  the  territory 
of  Hawaii,  shall  for  all  purposes  be  deemed  to  be  and  to  have  been  made, 
filed,  recorded,  or  issued  by  a  court  with  jurisdiction  to  naturalize  aliens, 
but  shall  not  be  by  this  act  further  validated  or  legalized.  (Acts  April 
30,  1900,  c.  339,  Sec.  100;  31  Stat.  161;  May  27,  1910,  c.  258;  Sec.  9,  36 
Stat.  448;  Sec.  3745,  Barnes  Federal  Code.) 

555.  Colonials. 

30.  All  the  applicable  provisions  of  the  naturalization  Jaws  of  the 
United  States  shall  apply  to  and  be  held  to  authorize  the  admission  to 


352 

citizenship  of  all  persons  not  citizens  who  owe  permanent  allegiance  to 
the  United  States,  and  who  may  become  residents  of  any  state  or  or- 
ganized territory  of  the  United  States,  with  the  following  modifications: 
The  applicant  shall  not  be  required  to  renounce  allegiance  to  any  foreign 
sovereignty;  he  shall  make  his  declaration  of  intention  to  become  a  citi- 
zen of  the  United  States  at  least  two  years  prior  to  his  admission;  and 
residence  within  the  jurisdiction  of  the  United  States,  owing  such  per- 
manent allegiance,  shall  be  regarded  as  residence  within  ,the  United 
States  within  the  meaning  of  the  five  years'  residence  clause  of  the 
existing  law.  (R.  S.  1908  and  1914,  Sec.  9053;  34  U.  S.  Stat.  L.  606. 
Barnes  Federal  Code,  Sec.  3746.) 

556.  Children  of  Citizens. 

2172.  The  children  of  persons  who  have  been  duly  naturalized  under 
any  law  of  the  United  States,  or  who,  previous  to  the  passing  of  any 
law  on  that  subject  by  the  government  of  the  United  States,  may  have 
become  citizens  of  any  one  of  the  states,  under  the  laws  thereof,  being 
under  the  age  of  twenty-one  years  at  the  time  of  the  naturalization  of 
their  parents,  shall,  if  dwelling  in  the  United  States,  be  considered  as 
citizens  thereof;  and  the  children  of  persons  who  now  are,  or  have  been, 
citizens  of  the  United  States,  shall,  though  bom  out  of  the  limits  and 
jurisdiction  of  the  United  States,  be  considered  citizens  thereof.  (R.  S. 
1908  and  1914,  Sec.  9055;  R.  S.  U.  S.,  Sec.  2172.  Barnes  Federal  Code, 
Sec.  3747.) 

557.  Wife  Making  Homestead  Entry — Children  of  Insane  Aliens. 
When  any  alien,  who  has  declared  his  intention  to  become  a  citizen 

of  the  United  States,  becomes  insane  before  he  is  actually  naturalized, 
and  his  wife  shall  thereafter  make  a  homestead  entry  under  the  land 
laws  of  the  United  States,  she  and  their  minor  children  may,  by  com- 
plying with  the  other  provisions  of  the  naturalization  laws,  be  natural- 
ized without  making  any  declaration  of  intention.  (Act  February  24, 
1911,  c.  151;  36  Stat.  929;  Sec.  3748,  Barnes  Federal  Code.) 

558.  Alien  Enemies  Debarred. 

2171.  No  alien  who  is  a  native  citizen  or  subject,  or  a  denizen  of 
any  country,  state,  or  sovereignty  with  which  the  United  States  are 
at  war,  at  the  time  of  his  application,  shall  be  then  admitted  to  become 
a  citizen  of  the  United  States.  (R.  S.  1908  and  1914,  Sec.  9050;  R.  S. 
U.  S.,  Sec.  2171.) 

[Repealed.    See  Sec.  561,  eleventh  clause.] 

559.  Merchant  Seamen. 

2174.  Every  seaman,  being  a  foreigner,  who  declares  his  intention 
of  becoming  a  citizen  of  the  United  States  in  any  competent  court,  and 
shall  have  served  three  years  on  board  of  a  merchant  vessel  of  the  United 
States  subsequent  to  the  date  of  such  declaration,  may,  on  his  application 
to  any  competent  court,  and  the  production  of  his  certificate  of  discharge 
and  good  conduct  during  that  time,  together  with  the  certificate  of  his 
declaration  of  intention  to  become  a  citizen,  be  admitted  a  citizen  of  the 


i 


353 

United  States;  and  every  sekman,  being  a  foreigner,  shall,  after  his 
declaration  of  intention  to  become  a  citizen  of  the  United  States,  and 
after  he  shall  have  served  such  three  years,  be  deemed  a  citizen  of  the 
United  States  for  the  purpose  of  manning  and  serving  on  board  any 
merchant  vessel  of  the  United  States,  anything  to  the  contrary  in  any 
act  of  congress  notwithstanding,  but  such  seaman  shall,  for  all  purposes 
of  protection  as  an  American  citizen,  be  deemed  such,  after  the  filing 
of  his  declaration  of  intention  to  become  such  citizen.  (R.  S.  1908  and 
1914,  Sec.  9052;  R.  S.  U.  S.,  Sec.  2174.) 

[Modified  and  part  repealed  by  Sec.  561.] 

560.  Jurisdiction  of  Courts. 

3.  Exclusive  jurisdiction  to  naturalize  aliens  as  citizens  of  the 
United  States  is  hereby  conferred  upon  the  following  specified  courts: 

United  States  circuit  and  district  courts  now  existing,  or  which  may 
hereafter  be  established  by  congress  in  any  state.  United  States  district 
courts  for  the  territories  of  Arizona,  New  Mexico,  Oklahoma,  Hawaii 
and  Alaska,  the  supreme  court  of  the  District  of  Columbia,  and  the  United 
States  courts  for  the  Indian  territory;  also  all  courts  of  record  in  any 
state  or  territory  now  existing,  or  which  may  hereafter  be  created,  hav- 
ing a  seal,  a  clerk,  and  jurisdiction  in  actions  at  law  or  equity,  or  law 
and  equity,  in  which  the  amount  in  controversy  is  unlimited. 

That  the  naturalization  jurisdiction  of  all  courts  herein  specified, 
state,  territorial,  and  federal,  shall  extend  only  to  aliens  resident  within 
the  respective  judicial  districts  of  such  courts. 

The  courts  herein  specified  shall,  upon  the  requisition  of  the  clerks 
of  such  courts,  be  furnished  from  time  to  time  by  the  bureau  of  immi- 
gration and  naturalization  with  such  blank  forms  as  may  be  required  in 
the  naturalization  of  aliens,  and  all  certificates  of  naturalization  shall 
be  consecutively  numbered  and  printed  on  safety  paper  furnished  by  said 
bureau.  (R.  S.  1908  and  1914,  Sec.  9047.  Barnes  Federal  Code,  Sec. 
3749.) 

561.  Naturalization  Procedure — Alien  Enemies,  Merchant  Seamen,  Per- 

sons in  Military  or  Naval  Service. 

4.  An  alien  may  be  admitted  to  become  a  citizen  of  the  United 
States  in  the  following  manner  and  not  otherwise: 

First.  He  shall  declare  on  oath  before  the  clerk  of  any  court  author- 
ized by  this  act  to  naturalize  aliens,  or  his  authorized  deputy,  in  the 
district  in  which  such  alien  resides,  two  years  at  least  prior  to  his  ad- 
mission, and  after  he  has  reached  the  age  of  eighteen  years,  that  it  is 
bona  fide  his  intention  to  become  a  citizen  of  the  United  States,  and  to 
renounce  forever  all  allegiance  and  fidelity  to  any  foreign  prince,  poten- 
tate, state  or  sovereignty,  and  particularly  by  name,  to  the  prince,  poten- 
tate, state  or  sovereignty  of  which  the  alien  may  be  at  the  time  a  citizen 
or  subject.  And  such  declaration  shall  set  forth  the  name,  age,  occupa- 
tion, personal  description,  place  of  birth,  last  foreign  residence  and 
allegiance,  the  date  of  arrival,  the  name  of  the  vessel,  if  any,  in  which 
he  came  to  the  United  States,  and  the  present  place  of  residence  in  the 

23—22139 


354 

United  States  of  said  alien:  Provided,  however,  That  no  alien  who,  in 
conformity  with  the  law  in  force  at  the  date  of  this  declaration,  has  de- 
clared his  intention  to  become  a  citizen  of  the  United  States  shall  be 
required  to  renew  such  declaration. 

Second.  Not  less  than  two  years  nor  more  than  seven  years  after 
he  has  made  such  declaration  of  intention  he  shall  make  and  file,  in 
duplicate,  a  petition  in  writing,  signed  by  the  applicant  in  his  own 
handwriting  and  duly  verified,  in  which  petition  such  applicant  shall 
state  his  full  name,  his  place  of  residence  (by  street  and  number,  if 
possible),  his  occupation,  and,  if  possible,  the  date  and  place  of  his 
birth;  the  place  from  which  he  emigrated,  and  the  date  and  place  of 
his  arrival  in  the  United  States,  and,  if  he  entered  through  a  port,  the 
name  of  the  vessel  on  which  he  arrived;  the  time  when  and  the  place 
and  name  of  the  court  where  he  declared  his  intention  to  become  a  citi- 
zen of  the  United  States;  if  he  is  married  he  shall  state  the  name  of 
his  wife,  and,  if  possible,  the  country  of  her  nativity  and  her  place  of 
residence  at  the  time  of  filing  of  his  petition;  and  if  he  has  children 
the  name,  date  and  place  of  birth  and  place  of  residence  of  each  child 
living  at  the  time  of  the  filing  of  his  petition:  Provided,  That  if  he 
has  filed  his  declaration  before  the  passage  of  this  act  he  shall  not  be 
required  to  sign  the  petition  in  his  own  handwriting. 

The  petition  shall  set  forth  that  he  is  not  a  disbeliever  in  or  opposed 
to  organized  government,  or  a  member  of  or  affiliated  with  any  organ- 
ization or  body  of  persons  teaching  disbelief  in  or  opposed  to  organized 
government,  a  polygamist  or  believer  in  the  practice  of  polygamy,  and 
that  it  is  his  intention  to  become  a  citizen  of  the  United  States  and  to 
renounce  absolutely  and  forever  all  allegiance  and  fidelity  to  any  foreign 
prince,  potentate,  state  or  sovereignty,  and  particularly  by  name  to  the 
prince,  potentate,  state  or  sovereignty  of  which  he  at  the  time  of  filing 
of  his  petition  may  be  a  citizen  or  subject,  and  that  it  is  his  intention 
to  reside  permanently  within  the  United  States,  and  whether  or  not  he 
has  been  denied  admission  as  a  citizen  of  the  United  States,  and,  if 
denied,  the  ground  or  grounds  of  such  denial,  the  court  or  courts  in  which 
such  decision  was  rendered,  and  that  the  cause  for  such  denial  has  since 
been  cured  or  removed,  and  every  fact  material  to  his  naturalization  and 
required  to  be  proved  upon  the  final  hearing  of  his  application. 

The  petition  shall  also  be  verified  by  the  affidavits  of  at  least  two 
credible  witnesses,  who  are  citizens  of  the  United  States,  and  who  shall 
state  in  their  affidavits  that  they  have  personally  known  the  applicant 
to  be  a  resident  of  the  United  States  for  a  period  of  at  least  five  years 
continuously,  and  of  the  state,  territory,  or  district  in  which  the  appli- 
cation is  made  for  a  period  of  at  least  one  year  immediately  preceding 
the  date  of  the  filing  of  his  petition,  and  that  they  each  have  personal 
knowledge  that  the  petitioner  is  a  person  of  good  moral  character,  and 
that  he  is  in  every  way  qualified,  in  their  opinion,  to  be  admitted  as  a 
citizen  of  the  United  States. 

At  the  time  of  filing  his  petition  there  shall  be  filed  with  the  clerk 
of  the  court  a  certificate  from  the  department  of  commerce  and  labor, 
if  the  petitioner  arrives  in  the  United  States  after  the  passage  of  this 
act,  stating  the  date,  place  and  manner  of  his  arrival  in  the  United 


355 

states,  and  the  declaration  of  intention  of  such  petitioner,  which  certif- 
icate and  declaration  shall  be  attached  to  and  made  a  part  of  said  peti- 
tion. 

Third.  He  shall,  before  he  is  admitted  to  citizenship,  declare  on 
oath  in  open  court  that  he  will  support  the  constitution  of  the  United 
States,  and  that  he  absolutely  and  entirely  renounces  and  abjures  all 
allegiance  and  fidelity  to  any  foreign  prince,  potentate,  state,  or  sov- 
ereignty, and  particularly  by  name  to  the  prince,  potentate,  state  or 
sovereignty  of  which  he  was  before  a  citizen  or  subject;  that  he  will 
support  and  defend  the  constitution  and  laws  of  the  United  States  against 
all  enemies,  foreign  and  domestic,  and  bear  true  faith  and  allegiance 
to  the  same. 

Fourth.  It  shall  be  made  to  appear  to  the  satisfaction  of  the  court 
admitting  any  alien  to  citizenship  that  immediately  preceding  the  date 
of  his  application  he  has  resided  continuously  within  the  United  States 
five  years  at  least,  and  within  the  state  or  territory  where  such  court 
is  at  the  time  held  one  year  at  least,  and  that  during  th^t  time  he  has 
behaved  as  a  man  of  good  moral  character,  attached  to  the  principles 
of  the  constitution  of  the  United  States,  and  well  disposed  to  the  good 
order  and  happiness  of  the  same.  In  addition  to  the  oath  of  the  appli- 
cant, the  testimony  of  at  least  two  witnesses,  citizens  of  the  United 
States,  as  to  the  facts  of  residence,  moral  character,  and  attachment 
to  the  principles  of  the  constitution  shall  be  required  and  the  name, 
place  of  residence,  and  occupation  of  each  witness  shall  be  set  forth  in 
the  record. 

Fifth.  In  case  the  alien  applying  to  be  admitted  to  citizenship 
has  borne  any  hereditary  title,  or  has  been  of  any  of  the  orders  of 
nobility  in  the  kingdom  or  state  from  which  he  came,  he  shall,  in  addi- 
tion to  the  above  requisites,  make  an  express  renunciation  of  his  title 
or  order  of  nobility  in  the  court  to  which  his  application  is  made,  and 
his  renunciation  shall  be  recorded  in  the  court. 

Sixth.  When  any  alien  who  has  declared  his  attention  to  become  a 
citizen  of  the  United  States  dies  before  he  is  actually  naturalized  the 
widow  and  minor  children  of  such  alien  may,  by  complying  with  the  other 
provisions  of  this  act,  be  naturalized  without  making  any  declaration 
of  intention.     (R.  S.  1908  and  1914,  Sec.  9055c;  34  U.  S.  Stat.  L.  596.) 

"Seventh.  Any  native-born  Filipino  of  the  age  of  twenty-one  years 
and  upward  who  has  declared  his  intention  to  become  a  citizen  of  the 
United  States  and  who  has  enlisted  or  may  hereafter  enlist  in  the  United 
States  navy  or  marine  corps  or  the  naval  auxiliary  service,  and  who, 
after  service  of  not  less  than  three  years,  may  be  honorably  discharged 
therefrom,  or  who  may  receive  an  ordinary  discharge  with  recommenda- 
tion for  re-enlistment;  or  any  alien,  or  any  Porto  Rican  not  a  citizen 
of  the  United  States,  of  the  age  of  twenty-one  years  and  upward,  who  has 
enlisted  or  entered  or  may  hereafter  enlist  in  or  enter  the  armies  of 
the  United  States,  either  the  regular  or  the  volunteer  forces,  or  the 
national  army,  the  national  guard  or  naval  militia  of  any  state,  terri- 
tory, or  the  District  of  Columbia,  or  the  state  militia  in  federal  service, 
or  in  the  United  States  navy  or  marine  corps,  or  in  the  United  States 
coast  guard,  or  who  has  served  for  three  years  on  board  of  any  vessel 


356 

of  the  United  States  government,  or  for  three  years  on  board  of  mer- 
chant or  fishing  vessels  of  the  United  States  of  more  than  twenty  tons 
burden,  and  while  still  in  the  service  on  a  re-enlistment  or  reappoint- 
ment, or  within  six  months  after  an  honorable  discharge  or  separation 
therefrom,  or  while  on  furlough  to  the  army  reserve  or  regular  army 
reserve  after  honorable  service,  may,  on  presentation  of  the  required 
declaration  of  intention  petition  for  naturalization  without  proof  of  the 
required  five  years'  residence  within  the  United  States  if  upon  examina- 
tion by  the  representative  of  the  bureau  of  naturalization,  in  accordance 
with  the  requirements  of  this  subdivision  it  is  shown  that  such  residence 
can  not  be  established;  any  alien  serving  in  the  military  or  naval 
service  of  the  United  States  during  the  time  this  country  is  engaged 
in  the  present  war  may  file  his  petition  for  naturalization  without  mak- 
ing the  preliminary  declaration  of  intention  and  without  proof  of  the 
required  five  years'  residence  within  the  United  States;  any  alien  de- 
clarant who  has  served  in  the  United  States  army  or  navy,  or  the 
Philippine  constabulary,  and  has  been  honorably  discharged  therefrom, 
and  has  been  accepted  for  service  in  either  the  military  or  naval  service 
of  the  United  States  on  the  condition  that  he  becomes  a  citizen  of  the 
United  States,  may  file  his  petition  for  naturalization  upon  proof  of  con- 
tinuous residence  within  the  United  States  for  the  three  years  imme- 
diately preceding  his  petition,  by  two  witnesses,  citizens  of  the  United 
States,  and  in  these  cases  only  residence  in  the  Philippine  Islands  and 
the  Panama  Canal  Zone  by  aliens  may  be  considered  residence  within 
the  United  States,  and  the  place  of  such  military  service  shall  be  con- 
strued as  the  place  of  residence  required  to  be  established  for  purposes 
of  naturalization;  and  any  alien,  or  any  person  owing  permanent  alle- 
giance to  the  United  States  embraced  within  this  subdivision,  may  file 
his  petition  for  naturalization  in  the  most  convenient  court  without  proof 
of  residence  within  its  jurisdiction,  notwithstanding  the  limitation  upon 
the  jurisdiction  of  the  courts  specified  in  section  three  of  the  act  of  June 
29,  1906/  provided  he  appears  with  his  two  witnesses  before  the  ap- 
propriate representative  of  the  bureau  of  naturalization  and  passes 
the  preliminary  examination  hereby  required  before  filing  his  petition 
for  naturalization  in  the  office  of  the  clerk  of  the  court,  and  in  each  case 
the  record  of  this  examination  shall  be  offered  in  evidence  by  the  rep- 
resentative of  the  government  from  the  bureau  of  naturalization  and 
made  a  part  of  the  record  at  the  original  and  any  subsequent  hearings; 
and,  except  as  otherwise  herein  provided,  the  honorable  discharge  cer- 
tificate of  such  alien,  or  person  owing  permanent  allegiance  to  the  United 
States,  or  the  certificate  of  service  showing  good  conduct,  signed  by  a 
duly  authorized  officer,  or  by  the  masters  of  said  vessels,  shall  be  deemed 
prima  facie  evidence  to  satisfy  all  of  the  requirements  of  residence 
within  the  United  States  and  within  the  state,  territory,  or  the  District 
of  Columbia,  and  good  moral  character  required  by  law,  when  supported 
by  the  affidavits  of  two  witnesses,  citizens  of  the  United  States,  identi- 
fying the  applicant  as  the  person  named  in  the  certificate  or  honorable 
discharge,  and  in  those  cases  only  where  the  alien  is  actually  in  the 
military  or  naval  service  of  the  United  States,  the  certificate  of  arrival 


357 

shall  not  be  filed  with  the  petition  for  naturalization  in  the  manner 
prescribed;  and  any  petition  for  naturalization  filed  under  the  provisions 
of  this  subdivision  may  be  heard  immediately,  notwithstanding  the  law 
prohibits  the  hearing  of  a  petition  for  naturalization  during  thirty  days 
preceding  any  election  in  the  jurisdiction  of  the  court.  Any  alien,  who, 
at  the  time  of  the  passage  of  this  act,  is  in  the  military  service  of 
the  United  States,  who  may  not  be  within  the  jurisdiction  of  any  court 
authorized  to  naturalize  aliens,  may  file  his  petition  for  naturalization 
without  appearing  in  person  in  the  office  of  the  clerk  of  the  court  and 
shall  not  be  required  to  take  the  prescribed  oath  of  allegiance  in  open 
court.  The  petition  shall  be  verified  by  the  affidavits  of  at  least  two 
credible  witnesses  who  are  citizens  of  the  United  States,  and  who  shall 
prove  in  their  affidavits  the  portion  of  the  residence  that  they  have 
personally  known  the  applicant  to  have  resided  within  the  United  States. 
The  time  of  military  service  may  be  established  by  the  affidavits  of 
at  least  two  other  citizens  of  the  United  States,  which,  together  with 
the  oath  of  allegiance,  may  be  taken  in  accordance  with  the  terms  of 
section  1750  of  the  revised  statutes  of  the  United  States  after  notice 
from  and  under  regulations  of  the  bureau  of  naturalization.  Such 
affidavits  and  oath  of  allegiance  shall  be  admitted  in  evidence  in  any 
original  or  appellate  naturalization  proceeding  without  proof  of  the 
genuineness  of. the  seal  or  signature  or  of  the  official  character  of  the 
officer  before  whom  the  affidavits  and  oath  of  allegiance  were  taken, 
and  shall  be  filed  by  the  representative  of  the  government  from  the 
bureau  of  naturalization  at  the  hearing  as  provided  by  section  11  of  the 
act  of  June  29,  1906.  Members  of  the  naturalization  bureau  and 
service  may  be  designated  by  the  secretary  of  labor  to  administer 
oaths  relating  to  the  administration  of  the  naturalization  law;  and  the 
requirement  of  section  10  of  notice  to  take  depositions  to  the  United 
States  attorneys  is  repealed,  and  the  duty  they  perform  under  section 
15  of  the  act  of  June  29,  1906  (Thirty-fourth  Statutes  at  Large,  part 
one,  page  596),  may  also  be  performed  by  the  commissioner  or  dep- 
uty commissioner  of  naturalization:  Provided,  That  it  shall  not  be 
lawful  to  make  a  declaration  of  intention  before  the  clerk  of  any  court 
on  election  day  or  during  the  period  of  thirty  days  preceding  the  day 
of  holding  any  election  in  the  jurisdiction  of  the  court:  Provided  fur- 
ther. That  service  by  aliens  upon  vessels  other  than  of  American  reg- 
istry, whether  continuous  or  broken,  shall  not  be  considered  as  residence 
for  naturalization  purposes  within  the  jurisdiction  of  the  United  States, 
and  such  aliens  can  not  secure  residence  for  naturalization  purposes 
during  service  upon  vessels  of  foreign  registry. 

During  the  time  when  the  United  States  is  at  war  no  clerk  of 
a  United  States  court  shall  charge  or  collect  a  naturalization  fee  from 
an  alien  in  the  military  service  of  the  United  States  for  filing  his 
petition  or  issuing  the  certificate  of  naturalization  upon  admission  to 
citizenship,  and  no  clerk  of  any  state  court  shall  charge  or  collect  any 
fee  for  this  service  unless  the  laws  of  the  state  require  such  charge  to 
be  made,  in  which  case  nothing  more  than  the  portion  of  the  fee  re- 
quired to  be  paid  to  the  state  shall  be  charged  or  collected.     A  full 


358 

accounting  for  all  these  transactions  shall  be  made  to  the  bureau  of 
naturalization  in  the  manner  provided  by  section  13  of  the  act  of  June 
29,  1906. 

"Eighth.  That  every  seaman,  being  an  alien,  shall,  after  his  dec- 
laration of  intention  to  become  a  citizen  of  the  United  States,  and  after 
he  shall  have  served  three  years  upon  such  merchant  or  fishing  vessels 
of  the  United  States,  be  deemed  a  citizen  of  the  United  States  for 
the  purpose  of  serving  on  board  any  such  merchant  or  fishing  vessel 
of  the  United  States,  anything  to  the  contrary  in  any  act  of  congress 
notwithstanding;  but  such  seaman  shall,  for  all  purposes  of  protection 
as  an  American  citizen,  be  deemed  such  after  the  filing  of  his  declaration 
of  intention  to  become  such  citizen:  Provided,  That  nothing  contained 
in  this  act  shall  be  taken  or  construed  to  repeal  or  modify  any  portion 
of  the  act  approved  March  4,  1915  (Thirty-eighth  Statutes  at  Large, 
part  1,  page  1164,  chapter  153),  being  an  act  to  promote  the  welfare  of 
American  seamen. 

"Ninth.  That  for  the  purpose  of  carrying  on  the  work  of  the  bureau 
of  naturalization  of  sending  the  names  of  the  candidates  for  citizen- 
ship to  the  public  schools  and  otherwise  promoting  instruction  and  train- 
ing in  citizenship  responsibilities  of  applicants  for  naturalization,  as 
provided  in  this  subdivision,  authority  is  hereby  given  for  the  reim- 
bursement of  the  printing  and  binding  appropriation  of  the  depart- 
ment of  labor  upon  the  records  of  the  treasury  department  from  the 
naturalization  fees  deposited  in  the  treasury  through  the  bureau  of 
naturalization  for  the  cost  of  publishing  the  citizenship  text-book  pre- 
pared and  to  be  distributed  by  the  board  of  naturalization  to  those 
candidates  for  citizenship  only  who  are  in  attendance  upon  the  public 
schools,  such  reimbursement  to  be  made  upon  statements  by  the  com- 
missioner of  naturalization  of  books  actually  delivered  to  such  student 
candidates  for  citizenship,  and  a  monthly  naturalization  bulletin,  and  in 
this  duty  to  secure  the  aid  of  and  co-operate  with  the  official  state  and 
national  organizations,  including  those  concerned  with  vocational  edu- 
cation and  including  personal  services  in  the  District  of  Columbia,  and 
to  aid  the  local  army  exemption  boards  and  co-operate  with  the  war 
department  in  locating  declarants  subject  to  the  army  draft  and  ex- 
pense incidental  thereto. 

"Tenth.  That  any  person  not  an  alien  enemy,  who  resided  unin- 
terruptedly within  the  United  States  during  the  period  of  five  years 
next  preceding  July  1,  1914,  and  was  on  that  date  otherwise  quali- 
fied to  become  a  citizen  of  the  United  States,  except  that  he  had  not 
made  the  declaration  of  intention  required  by  law  and  who  during 
or  prior  to  that  time,  because  of  misinformation  regarding  his  citizen- 
ship status  erroneously  exercised  the  rights  and  performed  the  duties 
of  a  citizen  of  the  United  States  in  good  faith,  may  file  the  petition 
for  naturalization  prescribed  by  law  without  making  the  preliminary 
,  declaration  of  intention  required  of  other  aliens,  and  upon  satisfactory 
proof  to  the  court  that  he  has  so  acted  may  be  admitted  as  a  citizen 
of  the  United  States  upon  complying  in  all  respects  with  the  other 
requirements  of  the  naturalization  law. 


359 

"Eleventh.  No  alien  who  is  a  native,  citizen,  subject,  or  denizen 
of  any  county,  state,  or  sovereignty  with  which  the  United  States  is  at 
war  shall  be  admitted  to  become  a  citizen  of  the  United  States  unless 
he  made  his  declaration  of  intention  not  less  than  two  nor  more  than 
seven  years  prior  to  the  existence  of  the  state  of  war,  or  was  at  that 
time  entitled  to  become  a  citizen  of  the  United  States,  without  mak- 
ing a  declaration  of  intention,  or  unless  his  petition  for  naturalization 
shall  then  be  pending  and  is  otherwise  entitled  to  admission,  notwith- 
standing he  shall  be  an  alien  enemy  at  the  time  and  in  the  manner  pre- 
scribed by  the  laws  passed  upon  that  subject:  Provided,  That  no  alien 
embraced  within  this,  subdivision  shall  have  his  petition  for  naturaliza- 
tion called  for  a  hearing,  or  heard,  except  after  ninety  days*  notice  given 
by  the  clerk  of  the  court  to  the  commissioner  or  deputy  commissioner  of 
naturalization  to  be  present,  and  the  petition  shall  be  given  no  final 
hearing  except  in  open  court  and  after  such  notice  to  the  representa- 
tive of  the  government  from  the  bureau  of  naturalization,  whose  ob- 
jection shall  cause  the  petition  to  be  continued  from  time  to  time  for 
so  long  as  the  government  may  require:  Provided,  however.  That  noth- 
ing herein  contained  shall  be  taken  or  construed  to  interfere  with  or 
prevent  the  apprehension  and  removal,  agreeably  to  law,  of  any  alien 
enemy  at  any  time  previous  to  the  actual  naturalization  of  such  alien; 
and  section  2171  of  the  revised  statutes  of  the  United  States  is  hereby 
repealed:  Provided  further,  That  the  president  of  the  United  States 
may,  in  his  discretion,  upon  investigation  and  report  by  the  depart- 
ment of  justice  fully  establishing  the  loyalty  of  any  alien  enemy  not 
included  in  the  foregoing  exemption,  except  such  alien  enemy  from 
the  classification  of  alien  enemy,  and  thereupon  he  shall  have  the  priv- 
ilege of  applying  for  naturalization;  and  for  the  purpose  of  carrying 
into  effect  the  provisions  of  this  section,  including  personal  service  in 
the  District  of  Columbia,  the  sum  of  $400,000  is  hereby  appropriated, 
to  be  available  until  June  30,  1919,  including  travel  expenses  for  mem- 
bers of  the  bureau  of  naturalization  and  its  field  service  only,  and  the 
provisions  of  section  3679  of  the  revised  statutes  shall  not  be  applicable 
in  any  way  to  this  appropriation. 

"Twelfth.  That  any  person  who,  while  a  citizen  of  the  United 
States  and  during  the  existing  war  in  Europe,  entered  the  military  or 
naval  service  of  any  country  at  war  with  a  country  with  which  the 
United  States  is  now  at  war,  who  shall  be  deemed  to  have  lost  his  citi- 
zenship by  reason  of  any  oath  or  obligation  taken  by  him  for  the  pur- 
pose of  entering  such  service,  may  resume  his  citizenship  by  taking 
the  oath  of  allegiance  to  the  United  States  prescribed  by  the  naturaliza- 
tion law  and  regulations,  and  such  oath  may  be  taken  before  any  court 
of  the  United  States  or  of  any  state  authorized  by  law  to  naturalize 
aliens  or  before  any  consul  of  the  United  States,  and  certified  copies 
thereof  shall  be  sent  by  such  court  or  consul  to  the  department  of  state 
and  the  bureau  of  naturalization,  and  the  act  (public  fifty-five,  sixty- 
fifth  congress,  approved  October  5,  1917),  is  hereby  repealed. 

"Thirteenth.  That  any  person  who  is  sei-ving  in  the  military  or 
naval  forces  of  the  United  States  at  the  termination  of  the  existing 


360 

war,  and  any  person  who  before  the  termination  of  the  existing  war 
may  have  been  honorably  discharged  from  the  military  or  naval  serv- 
ices of  the  United  States  on  account  of  disability  incurred  in  line  of 
duty,  shall,  if  he  applies  to  the  proper  court  for  admission  as  a  citizen 
of  the  United  States,  be  relieved  from  the  necessity  of  proving  that  im- 
mediately preceding  the  date  of  his  application  he  has  resided  con- 
tinuously within  the  United  States  the  time  required  by  law  of  other 
aliens,  or  within  the  state,  territory,  or  the  District  of  Columbia  for  the 
year  immediately  preceding  the  date  of  his  petition  for  naturalization, 
but  his  petition  for  naturalization  shall  be  supported  by  the  aflfidavits 
of  two  credible  witnesses,  citizens  of  the  United  States,  identifying 
the  petitioner  as  the  person  named  in  the  certificate  of  honorable  dis- 
charge, which  said  certificate  may  be  accepted  as  evidence  of  good  moral 
character  required  by  law,  and  he  shall  comply  with  the  other  require- 
ments of  the  naturalization  law." 

2.  That  the  following  provisions  of  law  be,  and  they  are  hereby, 
repealed:  Sections  2166  and  2174  of  the  revised  statutes  of  the  United 
States  of  America  and  so  much  of  an  act  approved  July  26,  1894,  en- 
titled "An  Act  making  provisions  for  the  naval  service  for  the  fiscal 
year  ending  June  30,  1895,  and  for  other  purposes,"  being  chapter  165 
of  the  laws  of  1894  (Twenty-eighth  Statutes  at  Large,  page  124), 
reading  as  follows:  "Any  alien  of  the  age  of  twenty-one  years  and 
upward  who  has  enlisted  or  may  enlist  in  the  United  States  navy 
or  marine  corps  and  has  seized  or  may  hereafter  serve  five  consecutive 
years  in  the  United  States  navy  or  one  enlistment  in  the  United  States 
marine  corps  and  has  been  or  may  hereafter  be  honorably  discharged, 
shall  be  admitted  to  become  a  citizen  of  the  United  States  upon  his 
petition  without  any  previous  declaration  of  his  intention  to  become 
such;  and  the  court  admitting  such  alien,  in  addition  to  proof  of  good 
moral  character,  be  satisfied  by  competent  proof  of  such  person's  serv- 
ice in  and  honorable  discharge  from  the  United  States  navy  or  marine 
corps;"  and  so  much  of  an  act  approved  June  30,  1914,  entitled  "An 
Act  making  appropriations  for  the  naval  service  for  the  fiscal  year 
ending  June  30,  1915,  and  for  other  purposes,"  being  chapter  180  oi 
the  laws  of  1914  (Thirty-eighth  Statutes  at  Large,  part  1,  page  392). 
reading  as  follows:  "Any  alien  of  the  age  of  twenty-one  years  and 
upward  who  may  under  existing  law  become  a  citizen  of  the  Unitec 
States,  who  has  served  or  may  hereafter  sei^ve  for  one  enlistment  oi 
not  less  than  four  years  in  the  United  States  navy  or  marine  corps 
and  who  has  received  therefrom  an  honorable  discharge  or  an  ordinary 
maoharge,  with  recommendation  for  re-enlistment,  or  who  has  completer 
or  pri  years  in  the  revenue-cutter  service  and  received  therefrom  ar 
ship  stale  discharge  or  an  ordinary  discharge  with  recommendation  foi 
of  a  citiznent,  or  who  has  completed  four  years  of  honorable  service  ii 
for  naturaiauxiliary  service,  shall  be  admitted  to  become  a  citizen  oj 
declaration  estates  upon  his  petition  without  any  previous  declaratior 
proof  to  the  Ion  to  become  such,  and  without  proof  of  residence  oi 
of  the  United  ^  court  admitting  such  alien  shall,  in  addition  to  proo: 
requirements  of  character,  be  satisfied  by  competent  proof  from  nava 
^.r  sources  of  such   service:     Provided,  That  an  honor 


361 

able  discharge  from  the  liavy,  marine  corps,  revenue-cutter  service,  Or 
the  naval  auxiliary  sei-vice,  or  an  ordinary  discharge  with  recommenda- 
tion for  re-enlistmenl;,  shall  be  accepted  as  proof  of  good  moral  char- 
acter:    Provided,  further  That  any  court  which  now  has  or  may  hereafter 
!    he  given  jurisdiction  to  naturalize  aliens  as  citizens  of  the  United  States 
*    may  immediately  naturalize  any  alien  applying  under  and  furnishing 
:    thf»  proof  prescribed  by  the  foregoing  provisions";  and  so  much  of  sec- 
\.   tion  3  of  an  act  approved  June   25,   1910    (Thirty-fourth   Statutes  at 
',    Large,  part  1,  page  630),  reading  as  follows:     "That  paragraph  two 
^    of  section  4  of  an  act  entitled,  *An  Act  to  establish  a  bureau  of  immi- 
[    gration  and  naturalization,  and  to  provide  for  a  uniform  rule  for  the 
naturalization  of  aliens  throughout  the  United  States,'  approved  June 
29,  1906,  be  amended  by  adding,  after  the  proviso  in  paragraph  two 
I    of  section  4  of  said  act,  the  following:     Provided  further.  That  any 
person  belonging  to  the  class  of  persons  authorized  and  qualified  under 
existing  law  to  become  a  citizen  of  the  United  States,  who  has  resided 
constantly  in  the  United  States  during  a  period  of  five  years  next  pre- 
ceding May  1,  1910,  who,  because  of  misinformation  in  regard  to  his 
citizenship  or  the  requirements  of  the  law  governing  the  naturalization 
of  citizens  has  labored  and  acted  under  the  impression  that  he  was  or 
could  become  a  citizen  of  the  United  States  and  has  in  good  faith  exer- 
cised the  rights  or  duties  of  a  citizen  or  intended  citizen  of  the  United 
States  because  of  such  wrongful  information  and  belief  may,  upon  mak- 
ing a  showing  of  such  facts  satisfactory  to  a  court  having  jurisdiction 
to  issue  papers  of  naturalization  to  an  alien,  and  the  court  in  its  judg- 
ment believes  that  such  person  has  been  for  a  period  of  more  than  five 
years  entitled  upon  proper  proceedings  to  be  naturalized  as  a  citizen 
of  the  United  States,  receive  from  the  said  court  a  final  certificate  of 
naturalization,  and   said  court  may  issue  such  certificate  without  re- 
quiring proof  of  former  declaration  by  or  on  part  of  such  person  of 
their  intention  to  become  a  citizen  of  the  United  States,  but  such  appli- 
cation for  naturalization  shall   comply  in  all  other  respects  with  the 
law  relative  to  the  issuance  of  final  papers  of  naturalization  to  aliens." 
Barnes  Federal  Code,  Sec.  3750. 

That  all  acts  or  parts  of  acts  inconsistent  with  or  repugnant  to  the 
provisions  of  this  act  are  hereby  repealed;  but  nothing  in  this  act  shall 
repeal  or  in  any  way  enlarge  section  2169  of  the  revised  statutes,  ex- 
cept as  specified  in  the  seventh  subdivision  of  this  act  and  under  the 
limitation  therein  defined:  Provided,  That  for  the  purpose  of  the  prose- 
cution of  all  crimes  and  offenses  against  the  naturalization  laws  of  the 
United  States  which  may  have  been  committed  prior  to  this  act  the 
statutes  and  laws  hereby  repealed  shall  remain  in  full  force  and  effect: 
Provided  further.  That  as  to  all  aliens  who,  prior  to  January  1,  1900, 
served  in  the  armies  of  the  United  States  and  were  honorably  dis- 
charged therefrom,  section  2166  of  the  revised  statutes  of  the  United 
States  shall  be  and  remain  in  full  force  and  effect,  anything  in  this  act 
to  the  contrary  notwithstanding.     Barnes  Federal  Code,  Sec.  3751. 

3.  That  all  certificates  of  naturalization  granted  by  courts  of  com- 
petent jurisdiction  prior  to  December  31,  1918,  upon  petitions  for  natur- 
alization filed  prior  to  January  31,  1918,  upon  declarations  of  intension 


362 

filed  prior  to  September  27,  1906,  are  hereby  declared  to  be  valid  in  so 
far  as  the  declaration  of  intention  is  concerned,  but  shall  not  be  by 
this  act  further  validated  or  legalized. 

The  word  "district"  in  sections  4,  10,  and  27  of  the  act  which  this 
act  amends  is  hereby  amended  to  read  "the  District  of  Columbia." 

(Approved,  May  9,  1918.     Barnes  Federal  Code,  Sec.  3753.) 

562.  Notice  of  Petition — Subpoenas  for  Witnesses. 

5.  The  clerk  of  the  court  shall,  immediately  after  filing  the  peti- 
tion, give  notice  thereof  by  posting  in  a  public  and  conspicuous  place 
in  his  office,  or  in  the  building  in  which  his  office  is  situated,  under 
an  appropriate  heading,  the  name,  nativity,  and  residence  of  the  alien, 
the  date  and  place  of  his  arrival  in  the  United  States,  and  the  date, 
as  nearly  as  may  be,  for  the  final  hearing  of  his  petition,  and  the  names 
of  the  witnesses  whom  the  applicant  expects  to  summon  in  his  behalf; 
and  the  clerk  shall,  if  the  applicant  requests  it,  issue  a  subpoena  for  the 
witnesses  so  named  by  the  said  applicant  to  appear  upon  the  day  set 
for  the  final  hearing,  but  in  case  such  witnesses  can  not  be  produced 
upon  the  final  hearing  other  witnesses  may  be  summoned.  (R.  S.  1908 
and  1914,  Sec.  9055d;  34  U.  S.  Stat.  L.  598.  Barnes  Federal  Code,  Sec. 
3753.) 

563.  Docketing  and  Hearing  of  Petition — Change  of  Name. 

6.  Petitions  for  naturalization  may  be  made  and  filed  during  term 
time  or  vacation  of  the  court  and  shall  be  docketed  the  same ,  day  as 
filed,  but  final  action  thereon  shall  be  had  only  on  stated  days,  to  be 
fixed  by  rule  of  the  court,  and  in  no  case  shall  final  action  be  had  upon 
a  petition  until  at  least  ninety  days  have  elapsed  after  filing  and  posting 
the  notice  of  such  petition:  Provided,  That  no  person  shall  be  natural- 
ized nor  shall  any  certificate  of  naturalization  be  issued  by  any  court 
within  thirty  days  preceding  the  holding  of  any  general  election  within 
its  territorial  jurisdiction.  It  shall  be  lawful,  at  the  time  and  as  a  part 
of  the  naturalization  of  any  alien,  for  the  court,  in  its  discretion,  upon 
the  petition  of  such  alien,  to  make  a  decree  changing  the  name  of 
said  alien,  and  his  certificate  of  naturalization  shall  be  issued  to  him 
in  accordance  therewith.  (R.  S.  1908  and  1914,  Sec.  9055e;  34  U.  S. 
Stat.  L.  598.    Barnes  Federal  Code,  Sec.  3754.) 

564.  Anarchists  and  Polygamists  Debarred. 

7.  No  person  who  disbelieves  in  or  who  is  opposed  to  organized 
government,  or  who  is  a  member  of  or  affiliated  with  any  organization 
entertaining  and  teaching  such  disbelief  in  or  opposition  to  organized 
government,  or  who  advocates  or  teaches  the  duty,  necessity,  or  pro- 
priety of  the  unlawful  assaulting  or  killing  of  any  officer  or  officers, 
either  of  specific  individuals  or  of  officers  generally,  of  the  government 
of  the  United  States,  or  of  any  other  organized  government,  because 
of  his  or  their  official  character,  or  who  is  a  polygamist,  shall  be  natural- 
ized or  be  made  a  citizen  of  the  United  States.  (R.  S.  1908  and  1914, 
Sec.  9048;  34  U.  S.  Stat.  L.  598.    Barnes  Federal  Code,  Sec.  3755.) 


363 

565.  Persons  Not  Speaking  English  Language. 

8.  No  alien  shall  hereafter  be  naturalized  or  admitted  as  a  citizen 
of  the  United  States  who  can  not  speak  the  English  language:  Pro- 
vided, That  this  requirement  shall  not  apply  to  aliens  who  are  physically 
unable  to  comply  therewith,  if  they  are  otherwise  qualified  to  become 
citizens  of  the  United  States:  And  provided  further,  That  the  require- 
ment of  this  section  shall  not  apply  to  any  alien  who  has  prior  to  the 
passage  of  this  act  declared  his  intention  to  become  a  citizen  of  the 
United  States  in  conformity  with  the  law  in  force  at  the  date  of  making 
such  declaration:  Provided  further,  That  the  requirements  of  section  8 
shall  not  apply  to  aliens  who  shall  hereafter  declare  their  intention 
to  become  citizens  and  who  shall  make  homestead  entries  upon  the 
public  lands  of  the  United  States  and  comply  in  all  respects  with  the 
laws  providing  for  homestead  entries  on  such  lands.  (R.  S.  1908  and 
1914,  Sec.  9040;  34  U.  S.  Stat.  L.  599.    Barnes  Federal  Code,  Sec.  3756.) 

566.  Hearing  and  Order  of  Court. 

9.  Every  final  hearing  upon  such  petition  shall  be  had  in  open  court 
before  a  judge  or  judges  thereof,  and  every  final  order  which  may  be 
made  upon  such  petition  shall  be  under  the  hand  of  the  court  and  entered 
in  full  upon  a  record  kept  for  that  purpose,  and  upon  such  final  hearing 
of  such  petition  the  applicant  and  witnesses  shall  be  examined  under  oath 
before  the  court  and  in  the  presence  of  the  court.  (R.  S.  1908  and  1914, 
Sec.  9055f;  34  U.  S.  Stat.  L.  599.     Barnes  Federal  Code,  Sec.  3757.) 

567.  Evidence  of  Residence. 

10.  In  case  the  petitioner  has  not  resided  in  the  state,  territory, 
or  district  for  a  period  of  five  years  continuously  and  immediately  pre- 
ceding the  filing  of  his  petition  he  may  establish  by  two  witnesses, 
both  in  his  petition  and  at  the  hearing,  the  time  of  his  residence  within 
the  state,  provided  that  it  has  been  for  more  than  one  year,  and  the 
remaining  portion  of  his  five  years'  residence  within  the  United  States 
required  by  law  to  be  established  may  be  proved  by  the  depositions 
of  two  or  more  witnesses  who  are  citizens  of  the  United  States,  upon 
notice  to  the  bureau  of  immigration  and  naturalization  and  the  United 
States  attorney  for  the  district  in  which  said  witnesses  may  reside.  (R. 
S.  1908  and  1914,  Sec.  9055g;  U.  S.  Stat.  L.  599.  Barnes  Federal  Code, 
Sec.  3758.) 

568.  Appearance  and  Defense  by  United  States. 

11.  The  United  States  shall  have  the  right  to  appear  before  any 
court  or  courts  exercising  jurisdiction  in  naturalization  proceedings  for 
the  purpose  of  cross-examining  the  petitioner  and  the  witnesses  produced 
in  support  of  his  petition  concerning  any  matter  touching  or  in  way 
affecting  his  right  to  admission  to  citizenship,  and  shall  have  the  right 
to  call  witnesses,  produce  evidence,  and  be  heard  in  opposition  to  the 
granting  of  any  petition  in  naturalization  proceedings.  (R.  S.  1908  and 
1914,  Sec.  9055h;  34.  U.  S.  Stat.  L.  599.   Barnes  Federal  Code,  Sec.  3759.) 


364  ' 

569.  Clerk's  Duties — Duplicates. 

12.  It  is  hereby  made  the  duty  of  the  clerk  of  each  and  every  court 
exercising  jurisdiction  in  naturalization  matters  under  the  provisions 
of  this  act  to  keep  and  file  a  duplicate  of  each  declaration  of  intention 
made  before  him  and  to  send  to  the  bureau  of  immigration  and  natural- 
ization at  Washington,  within  thirty  days  after  the  issuance  of  a  certif- 
icate of  citizenship,  a  duplicate  of  such  certificate,  and  to  make  and 
keep  on  file  in  his  office  a  stub  for  each  certificate  so  issued  by  him, 
whereon  shall  be  entered  a,  memorandum  of  all  the  essential  facts  set 
forth  in  such  certificate.  It  shall  also  be  the  duty  of  the  clerk  of  each 
of  said  courts  to  report  to  the  said  bureau,  within  thirty  days  after  the 
final  hearing  and  decision  of  the  court,  the  name  of  each  and  every  alien 
who  shall  be  denied  naturalization,  and  to  furnish  said  bureau  duplicates 
of  all  petitions  within  thirty  days  after  the  filing  of  the  same,  and 
certified  copies  of  such  other  proceedings  and  orders  instituted  in  or 
issued  out  of  said  court  aflfecting  or  relating  to  the  naturalization  of 
aliens  as  may  be  required  from  time  to  time  by  the  said  bureau. 

In  case  any  such  clerk  or  officer  acting  under  his  direction  shall  refuse 
or  neglect  to  comply  with  any  of  the  foregoing  provision  he  shall  forfeit 
and  pay  to  the  United  States  the  sum  of  twenty-five  dollars  in  each 
and  every  case  in  which  such  violation  or  omission  occurs,  and  the  amount 
of  such  forfeiture  may  be  recovered  by  the  United  States  in  an  action 
of  debt  against  such  clerk. 

Clerks  of  courts  having  and  exercising  jurisdiction  in  naturaliza- 
tion matters  shall  be  responsible  for  all  blank  certificates  of  citizen- 
ships received  by  them  from  time  to  time  from  the  bureau  of  immigra- 
tion and  naturalization,  and  shall  account  for  the  same  to  the  said  bu- 
reau whenever  required  so  to  do  by  such  bureau.  No  certificate  of 
citizenship  received  by  any  such  clerk  which  may  be  defaced  or  injured 
in  such  manner  as  to  prevent  its  use  as  herein  provided  shall  in  any  case 
be  destroyed,  but  such  certificate  shall  be  returned  to  the  said  bureau; 
and  in  case  any  such  clerk  shall  fail  to  return  or  properly  account  for 
any  certificate  furnished  by  the  said  bureau,  as  herein  provided,  he  shall 
be  liable  to  the  United  States  in  the  sum  of  fifty  dollars,  to  be  recovered 
in  an  action  of  debt,  for  each  and  every  certificate  not  properly  accounted 
for  or  returned.  (R.  S.  1908  and  1914,  Sec.  90551;  34  U.  S.  Stat.  L. 
599.     Barnes  Federal  Code,  Sec.  3760.) 

570.  Fees  of  Clerks — Clerical  Assistance. 

13.  The  clerk  of  each  and  every  court  exercising  jurisdiction  in 
naturalization  cases  shall  charge,  collect,  and  account  for  the  following 
fees  in  each  proceeding: 

For  receiving  and  filing  a  declaration  of  intention  and  issuing  a 
duplicate  thereof,  one  dollar. 

For  making,  filing,  and  docketing  the  petition  of  an  alien  for  ad- 
mission as  a  citizen  of  the  United  States  and  for  the  final  hearing 
thereon,  two  dollars;  and  for  entering  the  final  order  and  the  issuance 
of  the  certificate  of  citizenship  thereunder,  if  granted,  two  dollars. 

The  clerk  of  any  court  collecting  such  fees  is  hereby  authorized  to 


365 

retain  one-half  of  the  fees  collected  by  him  in  such  naturalization  pro- 
ceeding; the  remaining  one-half  of  the  naturalization  fees  in  each  case 
collected  by  such  clerks,  respectively,  shall  be  accounted  for  in  their 
quarterly  accounts,  which  they  are  hereby  required  to  render  the  bureau 
of  immigration  and  naturalization,  and  paid  over  to  such  bureau  within 
thirty  days  from  the  close  of  each  quarter  in  each  and  every  fiscal  year, 
and  the  money  so  received  shall  be  paid  over  to  the  disbursing  clerk 
of  the  department  of  commerce  and  labor,  who  shall  thereupon  deposit 
them  in  the  treasury  of  the  United  States,  rendering  an  account  therefor 
quarterly  to  the  auditor  for  the  state  and  other  departments,  and  the 
said  disbursing  clerk  shall  be  held  responsible  under  his  bond  for  said 
fees  so  received. 

In  addition  to  the  fees  herein  required,  the  petitioner  shall,  upon  the 
filing  of  his  petition  to  become  a  citizen  of  the  United  States,  deposit  with 
and  pay  to  the  clerk  of  the  court  a  sum  of  money  sufficient  to  cover  the 
expenses  of  subpoening  and  paying  the  legal  fees  of  any  witnesses  for 
whom  may  request  a  subpoena  and  upon  the  final  discharge  of  such 
witnesses  they  shall  receive  if  they  demand  the  same  from  the  clerk,  the 
customary  and  usual  witness  fee  from  the  moneys  which  the  petitioner 
shall  have  paid  to  such  clerk  for  such  purpose,  and  the  residue,  if  any, 
shall  be  returned  by  the  clerk  to  the  petitioner:  Provided,  That  the 
clerks  of  courts  exercising  jurisdiction  in  naturalization  proceedings 
shall  be  permitted  to  retain  one-half  of  the  fees  in  any  fiscal  year  up 
to  the  sum  of  three  thousand  dollars,  and  that  all  fees  received  by  such 
clerks  in  naturalization  proceedings  in  excess  of  such  amount  shall  be 
accounted  for  and  paid  over  to  said  bureau  as  in  case  of  other  fees  to 
which  the  United  States  may  be  entitled  under  the  provisions  of  this 
act.  The  clerks  of  the  various  courts  exercising  jurisdiction  in  natur- 
alization proceedings  shall  pay  all  additional  clerical  force  that  may  be 
required  in  performing  the  duties  imposed  by  this  act  upon  the  clerk  of 
courts  from  fees  received  by  such  clerks  in  naturalization  proceedings. 
And  in  case  the  clerk  of  any  court  collects  fees  in  excess  of  the  sum  of 
six  thousand  dollars  in  any  one  year,  the  secretary  of  commerce  and 
labor  may  allow  to  such  clerk  from  the  money  which  the  United  States 
shall  receive  additional  compensation  for  the  employment  of  additional 
clerical  assistance,  but  for  no  other  purpose,  if  in  the  opinion  of  the 
said  secretary  the  business  of  such  clerk  warrants  such  allowance.  (R. 
S.  1908  and  1914,  Sec.  9055k;  34  U.  S.  Stat.  L.  600.  Barnes  Federal  Code, 
Sec.  3761.) 

571.     Binding  and  Indexing  Papers. 

14.  That  the  declarations  of  intention  and  the  petitions  for  nat- 
uralization shall  be  bound  in  chronological  order  in  separate  volumes, 
indexed,  consecutively  numbered,  and  made  part  of  the  records  of  the 
court.  Each  certificate  of  naturalization  issued  shall  bear  upon  its  face, 
in  a  place  prepared  therefor,  the  volume  number  and  page  number  of  the 
petition  whereon  such  certificate  was  issued,  and  the  volume  number  and 
page  number  of  the  stub  of  such  certificate.  (R.  S.  1908  and  1914,  Sec. 
9055J;  34  U.  S.  Stat.  600.    Barnes  Federal  Code,  Sec.  3763.) 


366 

572.     Cancellation  of  Certificates. 

15.  That  it  shall  be  the  duty  of  the  United  States  district  attorneys 
for  the  respective  districts,  upon  affidavit  showing  good  cause  therefor, 
to  institute  proceedings  in  any  coui-t  having  jurisdiction  to  naturalize 
aliens  in  the  judicial  district  in  which  the  naturalized  citizen  may  reside 
at  the  time  of  bringing  the  suit,  for  the  purpose  of  setting  aside  and 
canceling  the  certificate  of  citizenship  on  the  ground  of  fraud  or  on  the 
ground  that  such  certificate  of  citizenship  was  illegally  procured.  In 
any  such  proceedings  the  party  holding  the  certificate  of  citizenship 
alleged  to  have  been  fraudulently  or  illegally  procured  shall  have  sixty 
days'  personal  notice  in  which  to  make  answer  to  the  petition  of  the 
United  States;  and  if  the  holder  of  such  certificate  be  absent  from  the 
United  States  or  from  the  district  in  which  he  last  had  his  residence, 
such  notice  shall  be  given  by  publication  in  the  manner  provided  for 
the  service  of  summons  by  publication  upon  absentees  by  the  laws  of 
the  state  or  the  place  where  such  suit  is  brought. 

If  any  alien  who  shall  have  secured  a  certificate  of  citizenship  under 
the  provisions  of  this  act  shall,  within  five  years  after  the  issuance  of 
such  certificate,  return  to  the  country  of  his  nativity,  or  go  to  any  other 
foreign  country,  and  take  permanent  residence  therein,  it  shall  be  con- 
sidered prima  facie  evidence  of  a  lack  of  intention  on  the  part  of  such 
alien  to  become  a  permanent  citizen  of  the  United  States  at  the  time  of 
filing  his  application  for  citizenship,  and,  in  the  absence  of  countervail- 
ing evidence,  it  shall  be  sufficient  in  the  proper  proceeding  to  authorize 
the  cancellation  of  his  certificate  of  citizenship  as  fraudulent,  and  the 
diplomatic  and  consular  •  officers  of  the  United  States  in  foreign  coun- 
tries shall  from  time  to  time,  through  the  department  of  state,  furnish 
the  department  of  justice  with  the  names  of  those  within  their  re- 
spective' jurisdictions  who  have  such  certificates  of  citizenship  and  who 
have  taken  permanent  residence  in  the  country  of  their  nativity,  or  in 
any  other  foreign  country,  and  such  statements,  duly  certified,  shall  be 
admissible  in  evidence  in  all  courts  in  proceedings  to  cancel  certificates 
of  citizenship. 

Whenever  any  certificate  of  citizenship  shall  be  set  aside  or  can- 
celed, as  herein  provided,  the  court  in  which  such  judgment  or  decree 
is  rendered  shall  make  an  order  canceling  such  certificate  of  citizenship 
and  shall  send  a  certified  copy  of  such  order  to  the  bureau  of  immigration 
arid  naturalization;  and  in  case  such  certificate  was  not  originally  issued 
by  the  court  making  such  order  it  shall  direct  the  clerk  of  the  court 
to  transmit  a  copy  of  such  order  and  judgment  to  the  court  of  which  such 
certificate  of  citizenship  shall  have  been  originally  issued.  And  it  shall 
thereupon  be  the  duty  of  the  clerk  of  the  court  receiving  such  certified 
copy  of  the  order  and  judgment  of  the  court  to  enter  the  same  of  rec- 
ord and  to  cancel  such  original  certificate  of  citizenship  upon  the  records 
and  to  notify  the  bureau  of  immigration  and  naturalization  of  such 
cancellation. 

The  provisions  of  this  section  shall  apply  not  only  to  certificates  of 
citizenship  issued  under  the  provisions  of  this  act,  but  to  all  certificates 
of  citizenship  which  may  have  been  issued  heretofore  by  any  court  ex- 


367 

ercising  jurisdiction  in  naturalization  proceedings  under  prior  laws.  (R. 
S.  1908  and  1914,  Sec.  90551;  U.  S.  Stat.  L.  601.  Barnes  Federal  Code, 
Sec.  3764.) 

573.     Forms. 

27.     That  substantially  the  following  forms  shall  be  used  in  the 
proceedings  to  which  they  relate: 

DECLARATION  OF  INTENTION. 
(Invalid  for  all  purposes  seven  years  after  the  date  hereof.) 

,  ss: 

I,   ,  aged years, 

occupation ,  do  declare  on  oath  (affirm)  that 

my  personal  description  is :     Color complexion , 

height    ,  weight    ,  color  of 

hair color  of  eyes ,  other  visible  dis- 
tinctive marks ;  I  was  born  in 

on  the day  of ,  Anno  Domini ; 

I  now  reside  at   ;  I  emigrated  to  the 

United  States  of  America  from on  the  vessel 

;  my  last  foreign  residence  was  , 

It  is  my  bona  fide  intention  to  renounce  forever  all  allegiance  and  fidelity 
to  any  foreign  prince,  potentate,  state,  or  sovereignty,  and  particularly 

to ,  of  which  I  am  now  a  citizen  (subject) ;  I  arrived 

at  the  port  of in  the  state  (territory  or  district) 

of on  or  about  the day  of 

Anno  Domini   ;  I  am  not 

an  anarchist;  I  am  not  a  polygamist  nor  a  believer  in  the  practice  of 
polygamy;  and  it  is  my  intention  in  good  faith  to  become  a  citizen  of 
the  United  States  of  America  and  to  permanently  reside  therein.  So 
help  me  God. 

(Original  signature  of  declarant)    

Subscribed  and  sworn  to  (affirmed)  before  me  this day 

of  ,  Anno  Domini   

[L.  S.] 


(Official  character  of  attestor. 


PETITION  FOR  NATURALIZATION. 

Court  of 

In  the  matter  of  the  petition  of to  be 

admitted  as  a  citizen  of  the  United  States  of  America: 
To  the Court: 

The  petition  of respectfully  shows: 

First.     My  full  name  is 

Second.     My  place  of  residence  is  No 

street,  city  of ,  state  (territory  or  district)  of 


368 

Third.     My  occupation  is   

Fourth.     I  was  born  on  the day  of , 

at 

Fifth.     I  emigrated  to  the  United  States  from 

on  or  about  the day  of    ,  Anno 

Domini ,  and  arrived  at  the  port  of , 

in  the  United  States,  on  the  vessel 

Sixth.    I  declared  my  intention  to  become  a  citizen  of  the  United 

States  on  the  day  of  ,  at 

in  the  Court  of 

Seventh.     I  am married.    My  wife's  name  is 

She  was  bom  in and  now  resides  at 

I  have children,  and  the  name,  date,  and  place  of  birth  and  place 

of  residence  of  each  of  said  children  is  as  follows:     


Eighth.  I  am  not  a  disbeliever  in  or  opposed  to  organized  govern- 
ment or  a  member  of  or  affiliated  with  any  organization  or  body  of  per- 
sons teaching  disbelief  in  organized  government.  I  am  not  a  polyg- 
amist  nor  a  believer  in  the  practice  of  polygamy.  I  am  attached  to 
the  principles  of  the  constitution  of  the  United  States,  and  it  is  my 
intention  to  become  a  citizen  of  the  United  States  and  to  renounce 
absolutely  and  forever  all  allegiance  and  fidelity  to  any  foreign  prince, 

potentate,  state,  or  sovereignty,  and  particularly  to , 

of  which  at  this  time  I  am  a  citizen  (or  subject),  and  it  is  my  intention 
to  reside  permanently  in  the  United  States. 

Ninth.     I  am  able  to  speak  the  English  language. 

Tenth.  I  have  resided  continuously  in  the  United  States  of  Amer- 
ica for  a  term  of  five  years  at  least  immediately  preceding  the  date  of 

this  petition,  to-wit :   since ,  Anno  Domini 

,  and  in  the  state  (territory  or  district)  of , 

for  one  year  at  least  next  preceding  the  date  of  this  petition,  to-wit: 
since day  of ,  Anno  Domini 

Eleventh.     I  have  not  heretofore  made  petition  for  citizenship  to  any 

court.     (I  made  petition  for  citizenship  to  the court 

of ,  at ,  and  the  said  petition  was 

denied  by  the  said  court  for  the  following  reasons  and  causes,  to-wit: 

,  and  the 

cause  of  such  denial  has  since  been  cured  or  removed.) 

Attached  hereto  and  made  a  part  of  this  petition  are  my  declaration 
of  intention  to  become  a  citizen  of  the  United  States  and  the  certificate 
from  the  department  of  commerce  and  labor  required  by  law.  Where- 
fore your  petitioner  prays  that  he  may  be  admitted  .a  citizen  of  the 
United  States  of  America. 

Dated , 

( Signature  of  petitioner) 


,  being  duly  sworn,  deposes 

and  says  that  he  is  the  petitioner  in  the  above-entitled  proceeding;  that 


369 

he  has  read  the  foregoing  petition  and  knows  the  contents  thereof;  that 
the  same  is  true  of  his  own  knowledge,  except  as  to  matters  therein 
stated  to  be  alleged  upon  information  and  belief,  and  that  as  to  those 
matters  he  believes  it  to  be  true. 

Subscribed  and  sworn  to  before  me  this day  of 

,  Anno  Domini 

[L.  S.] 


Clerk  of  the Court. 


AFFIDAVIT  OF  WITNESSES. 

Court  of 

In  the  matter  of  the  petition  of ,  to  be 

admitted  a  citizen  of  the  United  States  of  America: 


,  occupation   ,  residing 

at   ,  and  , 

occupation ,  residing  at , 

each  being  severally,  duly,  and  respectively  sworn,  deposes  and  says 
that  he  is  a  citizen  of  the  United  States  of  America;  that  he  has  per- 
sonally known   ,  the  petitioner  above 

mentioned,  to  be  a  resident  of  the  United  States  for  a  period  of  at  least 
five  years  continuously  immediately  preceding  the  date  of  filing  his 
petition,  and  of  the  state  (territory  or  district)  in  which  the  above- 
entitled  application  is  made  for  a  period  of  years  imme- 
diately preceding  the  date  of  filing  his  petition;  and  that  he  has  personal 
knowledge  that  the  said  petitioner  is  a  person  of  good  moral  character, 
attached  to  the  principles  of  the  constitution  of  the  United  States,  and 
that  he  is  in  every  way  qualified,  in  his  opinion,  to  be  admitted  as  a  citi- 
zen of  the  United  States. 


Subscribed  and  sworn  to  before  me  this day  of 

19 

[L.  S.] 


(Official  character  of  attestor.) 

CERTIFICATE  OF  NATURALIZATION. 

Number 

Petition,  volume ,  page 

Stub,  volume. ,  page 

(Signature  of  holder) 

Description  of  holder:     Age ;  height ; 

color. ;  complexion ;  color  of  hair ; 

color  of  eyes ;  visible  distinguishing  marks 

Name,  age  and  place  of 

residence  of  wife 

Names,  ages,  and  places  of  residence  of  minor  children 

24—22129 


370 


Be  it  remembered,  that  at  a term  of  the 

court  of ,  held  at ,  on 

the day  of ,  in  the  year  of  our  Lord, 

19 ,  who  previous  to  his  (her)  naturalization  was  a  citizen  or  sub- 
ject of ,  at  present  residing  at  number 

street, city  (town), 

state  (territory  or  district),  having  applied  to  be  admitted  a  citizen  of 
the  United  States  of  America  pursuant  to  law,  and  the  court  having 
found  that  petitioner  had  resided  continuously  within  the  United  States 
for  at  least  five  years  and  in  this  state  for  one  year  immediately  pre- 
ceding the  date  of  the  hearing  of  his  (her)  petition,  and  that  said  peti- 
tioner intends  to  reside  permanently  in  the  United  States,  had  in  all 

respects  complied  with  the  law  in  relation  thereto,  and  that he 

was  entitled  to  be  so  admitted;  it  was  thereupon  ordered  by  the  said 

court  that he  be  admitted  as  a  citizen  of  the  United  States  of 

America. 

In  testimony  whereof  the  seal  of  said  court  is  hereunto  affixed  on 

the day  of  ,  in  the  year  of  our  Lord, 

19 ..... ,  and  of  our  independence  the 

[L.  S.] 


(Official  character  of  attestor.) 


STUB  OF  CERTIFICATE  OF  NATURALIZATION. 

No.  certificate 

Name ;  age 

Declaration  of  intention,  volume ,  page 

Petition,  volume ,  page 

Name,  age,  and  place  of  residence  of  wife 

Names,  ages,  and  places  of  residence 

of   minor   children :    


Date  of  order,  volume ,  page 

(Signature  of  holder) 

(R.  S.  1908  and  1914,  Sec.  9055r;  34  U.  S.  Stat.  L.  603.     Barnes  Federal 
Code,  Sec.  3772.) 

574.     Power  to  Enforce  Act — Certified  Copies  from  Records 

28.  That  the  secretary  of  commerce  and  labor  shall  have  power  to 
make  such  rules  and  regulations  as  may  be  necessary  for  properly  car- 
rying into  execution  the  various  provisions  of  this  act.  Certified  copies 
of  all  papers,  documents,  certificates,  and  records  required  to  be  used, 
filed,  recorded,  or  kept  under  any  and  all  of  the  provisions  of  this  act 
shall  be  admitted  in  evidence  equally  with  the  originals  in  any  and  all 


371 

proceedings  under  this  act,  and  in  all  cases  in  which  the  originals  thereof 
might  be  admissible  as  evidence.  (R.  S.  1908  and  1914,  Sec.  9055s;  34 
U.  S.  Stat.  L.  606.    Barnes  Federal  Code,  Sec.  3773.) 


CHAPTER  XII. 
SOLICITING  NATURALIZATION. 

SE)C.  SEC. 

575.     Election — Alien  citizen — Soliciting  dec-        676.    Declaration  fee — Illegal  payment,  etc. 
laration.  577.    Penalty. 

[Acts  1911,  p.  672.     Approved  March  6,  1911.     In  force  April  21,  1911.] 

575.  Election — Alien  Citizen — Soliciting  Declaration. 

1.  That  it  shall  be  unlawful  for  any  person,  corporation,  political 
organization,  political  party  or  committee  of  any  political  party,  to  pay 
or  offer  to  pay  for  any  person  of  foreign  birth  or  alien,  the  fee  charged 
by  the  clerk  of  the  circuit  or  superior  court  of  any  county,  or  clerk  of 
the  federal  court  when  an  alien  declares  his  intention  to  become  a  citizen 
of  the  United  States,  or  to  pay  or  offer  to  pay  to  any  such  alien  for  his 
loss  of  time  or  traveling  expenses  or  any  other  expenses  when  such  alien 
declares  his  intention  to  become  a  citizen  of  the  United  States,  or  in 
any  other  way  or  manner  to  lend  any  pecuniary  aid  or  make  any  promise 
of  anything  of  value  of  any  kind  whatever,  directly  or  indirectly,  to  any 
alien  in  declaring  his  intention  to  become  a  citizen  of  the  United  States, 
to  lend  any  pecuniary  aid  or  to  make  any  promise  of  value  of  any  kind 
whatever,  directly  or  indirectly,  to  any  alien  in  declaring  his  intention 
to  become  a  citizen  of  the  United  States.     (R.  S.  1914,  Sec.  2585a.) 

576.  Declaration  Fee — Illegal  Payment,  Etc. 

2.  The  paying  of  any  fee  either  to  the  clerk  of  the  United  States 
court  or  the  clerk  of  the  circuit  or  supreme  court  of  the  county  where 
any  alien  may  have  declared  his  intention  to  become  a  citizen  of  the 
United  States  by  any  person  or  persons  or  any  combination  or  associa- 
tion of  persons  or  by  any  political  organization  or  member  of  any  or- 
ganization of  men  for  political  purposes,  for  the  purpose  of  procuring 
a  certificate  for  said  alien  showing  him  to  have  declared  his  intention 
to  become  a  citizen  of  the  United  States  shall  be  grounds  for  a  contest 
of  election  for  the  office  of  any  candidate  or  candidates  who  may  have 
received  the  vote  of  any  such  alien,  and  where  any  petition  for  contest 
has  been  filed,  evidence  may  be  introduced  upon  the  Kearing  of  such 
contest  for  the  purpose  of  establishing  the  fact  that  the  fee  necessary 
to  be  paid  at  the  time  of  the  declaration  of  his  intention  by  any  alien 
was  paid  by  some  other  person  than  himself  and  for  whom  said  alien 
voted,  and  if  it  appears  that  any  such  votes  were  cast  for  the  contestee 
in  any  such  contest,  such  votes  shall  not  be  counted  for  such  contestee 
and  if  cast  with  his  knowledge  or  consent,  his  election  shall  be  declared 
invalid,  and  the  contestor,  if  he  received  the  next  highest  number  of  legal 
votes  for  said  office  shall  be  entitled  to  said  office,  and  it  shall  in  like 
manner  vitiate  and  invalidate  the  election  of  any  contestee  in  any  pro- 
ceeding for  the  contest  of  an  election  when  it  is  shown  upon  the  hear- 


372 

ing  thereof  that  any  inducement,  solicitation  or  offer  of  reward  or  gain 
shall  have  been  made  to  any  such  alien  by  such  contestor  or  with  his 
knowledge  or  consent  for  the  purpose  of  inducing  him  to  declare  his 
intention  to  become  a  citizen  of  the  United  States  for  the  purpose  of 
voting  at  any  election  either  general  or  special.     (R.  S.  1914,  Sec.  2585b.) 

577.    Penalty. 

3.  Any  person  or  persons  or  corporations  violating  any  of  the  pro- 
visions of  this  act,  shall,  on  conviction  be  fined  not  less  than  one  hundred 
dollars  nor  more  than  five  hundred  dollars  and  be  imprisoned  not  less 
than  one  year  nor  more  than  fourteen  years.     (R.  S.  1914,  Sec.  2585c.) 


INDEX. 


Page 

ABSENT  VOTERS   45-56,  143-152 

Affidavit    56,  149 

false 56,  180 

Applicant  returning 45,  48,  55,  150 

Application  for  ballot    45,  143 

blanks    46,  143 

filing 47,  144 

Ballots,    delivery    47,  145 

delivery  to  election  inspectors   52,  147 

endorsed 51,  54,  147 

printing  and  distributing 49,  150,  151 

record 49,  145 

return    54,  149 

sealed    50,  145 

Canvass    20,  147,  149 

Challenge  .. 17,  54,  148 

Decease  of  voter   55,  149 

Election  laws  to  apply  to    45,  143 

Illness,  regarded  same  as   absence    45,  143 

Physical  infirmity,  regarded  same  as  absence   45,  143 

Precinct,  limited  to  one  45,  143 

Quarantine,  regarded  same  as  absence 45,  143 

Registration  required   45,  143 

Account  books  (See  Corrupt  Practices  Act). 

Affidavit,  form  of,  to  be  made  by  challenged  voter 178,  179 

Affidavit,  by  challenged  voter 178 

Alien  (See  Naturalization). 

Anarchists,  debarred  from  naturalization 262 

Appointive   and  elective   officials  not  eligible  for  election  boards, 

under  primary  law   276 

Auditor  of  County  (See  County  Auditor). 
Ballot  Boxes: 

Color    162 

County  Commissioners  provide 5,  162 

Duties  of  election  boards  with  respect  to 12,  162 

How   constructed    162 

Keys 12,  162 

Penalty  for  seizing 243 

Arrangements  of  25,  169 

Care  of  ballots   194 

Ballots: 

Colors  of 169 

Delivery  to  Clerk  Circuit  Court 172 

(373) 


374 

Page 

Deposited  when  voted   181 

Destroying  those  not  used 177 

Distribution  to  Clerks  Circuit  Court 170 

Distribution   of   county    172,  175 

Extra,  to  be  furnished  by  State  Board  of  Election  Commission- 
ers     170 

For  Township  Elections 169,  192,  203 

Form  of  Constitutional  Amendments  190,  191 

Form  of 169 

Form  of,   at  primary  election    280 

Form   of  marking    180 

How   folded    ; 181 

How  marked 180 

How  preserved   185,  194 

Lost  ballots 176 

Name  of  candidate  to  appear  on,  but  once 171 

Party  device 170 

Permitting  same  to  be  taken  away 174 

Preservation    22,  185,  194 

Procuring  new  ballot  when  one  defaced  or  mutilated 17,  183 

Reporting    loss    176 

Taking  ballots   away,  penalty 174 

When  distributed 170 

When  opened  at  polls    12,  175 

Voting  by 180,  181 

Voting  straight  ticket 181 

Voting   by   ballots    and   machines    181,  182 

Board   of   Canvassers 196 

Certificate  of  election 197 

Certificate  of  tie  vote   197 

Clerk 196 

Clerical   assistants    196 

Disputes  determined  by  Judge  Circuit  Court 198 

Duties 197 

Duties  of  Board  with  reference  to  defective  papers. 198 

Hearing  witnesses    198 

Meets  when    196 

Pay   of   Clerks 197 

Selection  of  Chairman 196 

Board  of  County  Commissioners,  appointment  of  election  inspectors.       5 

Change  of  precinct  boundaries   125 

Furnishing  ballot  boxes  5,  162 

Providing  chutes    5,  162 

Providing  voting  places  and  booths 177 

Board  of  School  Commissioners  (See  School  Commissioners). 

Booths : 

How  constructed 177 

Number  of  persons  allowed  in   177 

Preparation  by  Board  of  County  Commissioners  177 


375 

Page 

Time  voter  may  remain  in 181 

To  be  screened 177 

Canvass   of   precinct  vote    19,  20,  21 

Protested  ballots   22 

Who  present 19 

Canvass  of  votes,  primary  election 284,  286 

Certificates  of  votes  cast 197 

Certificates  of  Election: 

By  Board  of  Canvassers   197 

By  Clerk  Circuit  Court 198 

Defective  return   199 

Executed    by    Governor    282 

Member  of   General  Assembly    199 

Certificates  of  nomination  by  convention  or  primary 282 

Challenges 15 

Challengers : 

Appointment 15,  160 

Where  stand   15,  160 

City  Elections  (See  Municipal  Elections) 299-315 

Bonds 313 

City  elections  313 

City  Judge  312 

Commission  form  of  Government  321-333 

Electric  light  franchise    313 

Eligibility  to  office   302,  307 

Gas  works    313 

How  held 299 

Primary  elections   278 

Public   utilities 313 

Qualifications  of  voters  307 

Union  of  adjoining  cities 306,  315-321 

Water  works   313 

City  Judge: 

Election 312 

Jurisdiction   312 

Term  of  office 312 

City  registration  of  voters 133 

Clerks  of  Canvassing  Board,  compensation 197 

Commissions  (See  Certificates  of  Election). 

Commission  form  of  Government  for  cities  321-333 

Congressmen   (See  Members  of  Congress). 

Appointment  among  states 118 

Disabilities    118 

Constitutional   Amendments 190,  191 

Election  Laws  apply 191 

Political  party  action   190 

Questions  on  ballot    190 

Use  of  voting  machines   191 

Contempt  proceedings 198 


376 

Contest:  Page 

Appeal  of 211 

Appeal  to  Supreme  Court  211 

Causes  for 209 

Commissioner  to  take  testimony 211 

Committee  of  General  Assembly 207 

Contests  where  voting  machines  and  ballots  are  used 212-214 

Duty  of  circuit  court  on  appeal  211 

Fees  of  officers   211 

For  municipal  office    210,  212 

For  seat  of  legislator 208 

For  state  office 207 

For  township  offices 210 

For  violating  Corrupt  Practices  Act 228 

Issuing  of  subpoenas 208,  210 

Notice 207 

Notice  by  Auditor  to  Clerk  210 

Notice  to  Board  of  County  Commissioners 210 

Notice  to  contestee    207 

Trial  of , 210 

Voters  compelled  to  testify  211 

Who  may 207 

Contested  Election: 

Governor  and  Lieutenant-Governor   207 

Preservation  of  ballots   207 

Contesting  Seat  of  Legislator: 

Depositions    208 

Notice  to  contestee  of  taking  depositions 208 

Corporations : 

Contributions  for  campaign  purposes   227 

Contributing  to  campaign  fund   227 , 

Corrupt  Practices  Act  (See  Federal  Corrupt  Practices  Act)  : 

Account  books   to  be  kept    222,  223,  231 

Agent  of  National  Committee  must  reside  in  Indiana 215,  219 

Agent's  report 223 

Applies  to  what  elections 214,  215 

Appointment  of  political  agent 215 

Appointment  of  Treasurer  215 

Bond  of  political  treasurer 215,  216 

Candidate  acting  without  agent  215 

Candidate  may  pay  own  expenses 215 

Candidates'  itemized   statement 224 

Candidates  who  do  not  need  to  file  statements 225 

Caucus  and  primary  elections 215 

Contesting  election  for  violation  of 228 

Contributions  from  private  corporations 227 

Contributions  of  property  to  committee 222 

Contributions  within  six  months  of  election  or  primary 218 

Corporate  contributions 227 

Corrupt  practices  defined 215,  225 


~^^"  377 

Page 

Cost  of  contest   230 

Crimes Tl^-12.1 

Expenditures  of  money  by  Sub-Treasurer   220 

Failure  of  candidate  to  file  statement,  effect 225 

False  statement,  penalty 225 

Gift  or  entertainment  to  influence  voters 225 

How  much  candidates  may  expend 220 

Ineligibility  of  person  violating  provisions 225 

Legitimate  expenditures  of  agents  and  committees 220,  221 

List  of  all  expenditures  set  out  in  reports   223,  224 

List  of  all  receipts  set  out  in  reports 223,  224 

National  Committee  collecting  funds  in  Indiana 219 

Newspaper  advertising   221 

One  political  committee  contributing  to  another 222 

Payment  of  election  expenses   220 

Perjury   225 

Petition  to  contest  election  for  violating 228 

Political  advertisement  on  pay  envelopes 226 

Political  agent 215 

Political   Committee    ; 215,  216 

Political  committee  must  appoint  and  maintain  Treasurer 216 

Posting  notices  in  factories 226 

Prosecuting  attorney,  duties   230 

Qualification  of  political  agent  ; . . . .  215 

Qualification  of  Treasurer  215 

Receipt  of  money  by  Sub-Treasurer  217 

Removal  of  Political  Agent  216 

Removal  of  Treasurer    216 

Report  of  Agent  of  National  Committee   223 

Report  of  Sub-Treasurers 223 

Reports   filed   where    224 

Soliciting  contributions  for  political  purposes 218 

Soliciting  contributions  from  candidates 218 

Soliciting  funds  from  Political  Committee 218 

Spending  money  to  contest  election   230 

Statements  filed  become  public  records 225 

Sub-Treasurers 215 

Treasurer 215 

Treasurer's  report   223 

Unauthorized  expenditures    225,  226 

Use  of  vouchers  in  making  disbursements  223 

What  expenditures  proper   220,  221 

Witnesses  in  contest  cases  229 

Councilmen  in  First  Class  Cities: 

Councilmanic  districts 314 

Nomination  and  number 314 

Number  and  salary  314 

County  Board  of  Canvassers 196 


378 

County  Board  of  Election  Commissioners:  Page 

Appointment 166 

Destroying  Ballots 190 

Duties 166 

Hearing  witnesses 167 

Placing  names  of  candidates  on  ballots 167 

Preparation  and  distribution  of  ballots 167 

Special  messenger    172 

Time  of  receiving  resignations  of  candidates 170 

County  Clerk  (See  Clerk  Circuit  Court). 

County  Chairman: 

Appointment  of  Election  Judges 157 

Appointment  of  Poll  Clerks 157 

Nominating  members  County  Board  of  Election  Commissioners.   166 

County  Sheriff,  appointment  of  Election  Sheriffs 164 

Crimes : 

Abetting  theft  of  ballots    243 

Altering    returns    167 

Betting  on  election 341 

Breaking  ballot  box    167 

Bribe  to  procure  election   245 

Bribery  at  primary  245 

Bribery  of  Board  of  County  Commissioners  in  purchase  of  ma- 
chines      259 

Bribery  of  election  officers   245 

Bribery  to  secure  nomination 239 

Bribing  voter 239 

Buying  votes   167 

Buying  vote  at  special  election  244 

Conspiracy 167 

Deceiving  illiterate  voter   242 

Deceiving  illiterate  voter,  voting  on  machines 263 

Deceiving  poll  taker    : 164 

Defrauding  voter    242 

Delivering  ballots  to  unauthorized  person   167 

Depositing  ballots  not  initialed  by  clerks 167 

Destroying   ballot   box    243 

Destroying  ballots 243 

Destroying  election  supplies    243 

Distinguishing  mark  at  primary  293 

Destruction  of  primary  supplies    293 

Druggist  selling  liquor  on  election  day   246 

Election  Board  failing  to  screen  booth  183 

Election  officials  making  distinguishing  marks   167 

Entering  election  room  167 

Failure  of  Election  Commissioner  to  appear  for  ballots 165 

Failure  to  destroy  pencils   240 

False  affidavit    240 

False  registration  132 

Filing  false  certificate  of  nomination  243 


379 

Page 

Forging  official  endorsement  on  ballot   167 

Fraud  by  election  officer 167 

Fraud  at  special  election 244 

Fraudulent  voting  at  primary 290 

Furnishing  primary  ballot  fraudulent • 290 

Illegal  voter  237 

Importing  voters 238 

Inducing  Election  Board  to  violate  law 245 

Inducing  minor  to  bet  on  election   246 

Inducing  voter  to  make  distinguishing  mark 167 

Inducing  voter  to  re-sign  petition 243 

Influence  voter    243 

Influencing  voter  at  primary   292 

Injuring  voting  machines   268 

Inspectors  soliciting  money   245 

Limitation  of  prosecution 239 

Making  false  affidavit   240 

Making  false  declaration  of  illiteracy  240 

Member  of  Election  Board  electioneering  on  election  day 167 

Non-resident  voting   238 

Offering  to  sell  vote 247 

Officer  neglecting  duty  when  voting  by  machine 267 

Officer  opening  or  marking  ticket 242 

Officer  persuading  voter 242 

Permitting  ballot  packages  to  be  illegally  opened 167 

Permitting  ballots  to  be  taken  away ^ 171 

Perjury  at  primary 292 

Poll- taker  returning  fictitious  names 164 

Printers  secretly  giving  primary  ballot   293 

Printing  or  circulating  official  ballot    166 

Public  officer  violating  duty    167 

Refusing  information  to  poll-taker   164 

Refusing  to  receive  vote   242 

Registration  Board  making  false  registration 132 

Removal  of  primary  election  supplies  291 

Removing  election  supplies    243 

Repeating 238 

Repeating  at  primary   290 

Revealing  how  voter  voted   167 

Reward  for  conviction 239 

Sale  of  vote  239 

Seizing   ballot   box    243 

Selling  liquor  on  election  day  246-248 

Selling  liquor  on  day  of  municipal  election   246-248 

Selling  liquor  on  primary  election  day   246,  248 

Selling  signature  to  petition  244 

Selling  vote   .••••.•••  ^^'^ 

Subscribing  name  of  another  person  to  registration  application .  132 

Suppressing  certificate  of  nomination 283 


380 

Page 

Taking  ballots  away 174 

Taking  ballots  from  election  room   174 

Tampering  with  primary  election  officials 293 

Tampering  with  voting  machines 268 

Under   Corrupt   Practices  Act    214-237 

Use  of  violence   243 

Voting  in  wrong  precinct  238 

Voting  more  than  once 238 

Withholding  information  from  poll-taker  164 

Witnesses 247 

Death  of  candidate  after  nomination,  how  vacancy  filled 172 

Defacing  ballots   167 

Distinguishing  marks 184 

What  constitutes 184 

Duelling,  disqualification  for  office 120 

Election  Board: 

Administering  oaths 162 

Altering  returns   192 

Appointment  of  Poll  Clerks   155 

Counting  and  destroying  unvoted  ballots 185 

Destroying  or  substituting  ballots 186 

Disqualification  by  relationship    158 

Meals 159 

No  adjournment  160 

Present  when  precinct  vote  canvassed 185 

Primary  elections   .% 290 

Proclamation  of  opening  polls 160 

Voting 180 

Who  constitute    157 

Election  day,  employment  of  voters 180 

Election  days,  legal  holidays  180 

Election  holidays 180 

Election  Inspectors: 

Administering  oaths 160 

Appointment  by  Board  of  Commissioners 158 

Care  of  ballots  and  papers 161 

Compensation 201 

Delivery  of  ballots  to  Clerk  Circuit  Court 173 

Destroying  or  substituting  ballots 177 

Duties 161 

Duties  with  respect  to  voting  machines 191 

Failure  to  appear  for  ballots 176 

Form  of  oath 160 

Locking  voting  machines 19 

Open  ballot  packages    12 

Posting  instructions  to  voters 176 

Primary  Elections 83 

Procuring  ballots  from  Clerk 17 

Qualifications   158 


381 

Page 

Receive  poll  books  from  County  Auditor 161 

Refusing  to   receive   vote 160 

Reporting  loss  of  ballots 176 

Soliciting  money    218 

Take  oath  160 

Voting   199 

Election  Judges: 

Appointment  by  Inspector,  when 8 

Certificate  of  votes  cast    199 

Compensation    ; . . . .  201 

Designation  by  County  Chairman 8 

Form  of  oath 161 

Primary  election  officials   157 

Qualifications   8 

Refusing  to  receive  vote   160 

Take  oath  160 

Elections  not  set  aside  for  mere  irregularity 230 

Election  precincts  (See  Precincts). 

Election  precincts,  primary  elections  85 

Election  Sheriffs: 

Appointment    14,  84 

Compensation   85 

Duties  and  powers  15 

Elections,  free  and  equal 120 

Present  when  precinct  vote  canvassed 15 

Electors   (See  Prresidential  Electors). 

Electors : 

For  United  States  Senators 254 

Freedom  from  arrest 15 

Instructions  to  be  posted   176 

Manner  of  voting    253 

Qualifications   251 

Qualifications  to  vote  at  primary 8 

Where  vote 9 

Emblem  of  party,  how  certified 169 

Federal  Corrupt  Practices  Act: 

Accounts  of  contributions    231 

Candidate   defined 233 

Candidates    at   primaries    233-236 

Candidates  for  United   States   Senator    233-236 

Candidates  promising  office  or  position 235 

Chairman  of  Political  Committee  231 

Corporate  contributions    237 

Duties  of  candidates  for  congress 233 

Duties  of  Political  Treasurer   231 

Filing  itemized  statements 232 

Itemized  statements  of  expenditures,  when  and  where  filed 232 

Legal  expenses  of  candidates 236 

Penalties  for  violating  act  236 


382 

Page 

Personal  expenses  of  candidates 236 

Political  Committee    231 

Publicity  of  campaign  contributions i 232 

Statement  after  primary   231 

Statements  filed  by  individuals 232 

Statements  filed,  must  show  what 232 

Treasurer  of  Political  Committee 231 

Vouchers  for  disbursements    231 

Form  of  ballots 169 

Freedom  of  electors  from  arrest  121 

General  Assembly  elects  Governor  and  Lieutenant  Governor,  when. .   121 

General  elections,  time  of 121 

Governor : 

Certificate  of  election  for  United  States  Senators 255 

Duties  with  reference  to  presidential  electors 252 

Election   of,   contested    207 

Executes  certificate  of  election  for  Congressmen 200 

Manner  of  voting  for 122,  253 

Orders  special  elections    201 

Plurality  elects 122 

Preferential  vote  for 280 

Receives  certificate  of  vote  from  Secretary  of  State 200 

Time  of  election   121 

Votes  for,  certified  to  Speaker  of  House 122 

Illegal  voter,  arrest    237 

Illiterate  voter    237 

Illiterate  voter,   deceiving 242 

Information  to  poll  takers  163 

Instructions  to  voters 17,  18 

Interpreter,  when  to  be  called 13 

Justices  of  Peace: 

Certificate  by  Clerk  Circuit  Court  to  Secretary  of  State 204 

Fees  in  contested  election 211 

Legal  holidays,  election  days 193 

Lieutenant  Governor: 

Election  of,  contested   207 

Manner  of  voting  for 122 

Plurality  election   122 

Time  of  election  121 

Voters  for,  certified  to  Speaker  of  House 122 

Lucrative  office,  effect  of  holding 121 

Marines,  do  not  acquire  residence  when 120 

Marines,  right  to  vote 120 

Marshals  for  presidential  elections 251 

Mayor,  election   299 

Meals  for  Election  Board   194 

Member  of  General  Assembly,  contest  for : 211 


383 

Members  of  General  Assembly:  Page 

Canvassing  votes 199 

Certificate  of  election I99 

Member  of  Congress: 

Certificate  of  election   I99 

Declarations  of  candidacy 279 

Municipal  Elections: 

Bonds 313 

Elective  officers   302 

Electric  light 313 

Eligibility  of  officers    307 

Eligibility  of  office   302 

Gas  works   313 

Primary  elections   278 

Public  utilities 313 

Qualifications  of  voters 307 

Time  of  election 300 

Voting  precincts   302 

Water  works   313 

Naturalization : 

Africans   included    351 

Alien  enemies    352 

Alien   sailors 352 

Alien   soldiers   352,  353 

Anarchists  debarred  354,  362 

Applicants  must  speak  English  language 363 

Application  for 367 

Binding  and  indexing  papers   365 

Cancellation  of  certificate    366 

Children  of  citizens 347,  352 

Chinese  not  admitted 351 

Clerk's  duties 364 

Colonials 351 

Declaration  fee 364 

Declaration  of  intention    364,  367 

Duplicates  of  Bureau  of  Naturalization   371 

Effect  of  cancelling  certificate 366 

Expatriation 348 

Fees  364 

Filing  and  docketing  petition 362 

Form  of  affidavit  of  witness 369 

Form  of  certificate  of 369 

Form  of  declaration  of  intention 367 

Form  of  petition  for 367 

Hawaiians 351 

Hearing  and  order   362,  363 

Illegal  payment  of  declaration  fee '. 371 

Indians,  citizenship  to  certain 350 

Jurisdiction  of  courts   353 


384 

Page 

Merchant  seamen   354 

Notice  of  petition 362 

Oath  to  support  Constitution   368 

Polygamists  debarred 354,  362 

Porto  Rican  citizenship  349 

Proof  of  residence  863 

Residence  in  United  States 351 

Return  of  alien,  effect 348 

Soliciting  declaration 371 

Verification  by   affidavit    363 

-    War  legislation 352 

Woman  citizenship 33 

Notice  of  general  election 154 

Notice  of  registration   127 

Party  convention,  action  on  Constitutional  Amendment 190 

Paster  ballots 182 

Form  of 182 

When  used 182 

Pay  of  election  officials 198 

Penal  offenses  (See  Crimes). 

Pencils,  destroyed 187 

Petition  for  Nominations: 

Acknowledgment 281 

Requisites 281 

To  be  preserved   282 

When  and  where  filed 282 

Place  where  elector  votes 5 

Political  Agent  (See  Corrupt  Practices  Act). 

Political  Parties: 

Naming  primary  election  officials 276 

Organization  of  committees  under  Primary  Law 274 

Selection  of  committees  at  primary 274 

Poll  Book  Holders: 

Appointment 178 

Where  stand , 178 

Poll  Clerks: 

Appointment  11,  159 

Duties  on  canvass  of  precinct  vote 159 

Making  minute  of  defaced  ballot 14,  159 

Marking  ballot  for  illiterate  voter 14,  159 

Placing  initials  on  ballots  14,  159 

Place  of  initials  on  ballots 14,  159 

Present  when  precinct  vote  canvassed 159 

Receipt  of  ballots  from  Inspector   13,  159 

Polling  precincts 164 

Polls: 

Proclamation  of  closing 13,  164 

Proclamation  of  opening , , 12,  13,  164 


385 

Poll  Takers:  Page 

Deceiving 164 

Duties    164 

Information  to    164 

Returning  fictitious  names  164 

Withholding  information  from   164 

Polygamists,  debarred  from  naturalization   362 

Precincts : 

Changing  boundaries  156 

Consolidation 156 

Division  156 

Duties  of  County  Commissioners   155 

Number  of  voters    155 

Polling  by  civic  party  or  organization 164 

Polling  place  in  township  having  one  or  more  incorporated  towns  192 
Reporting  new  precincts 156 

President  of  United  States,  how  elected 117,  119 

Presidential  Electors    251-255 

Affidavit  of  Marshal    252 

Appointment  of  Deputy  Marshals 252 

Certificate  to  Marshal 251 

Disabilities 252 

Districts   for 252 

Duties  of  Marshal   252 

Duties  of  Secretary  of  State 252 

Duty  of  Governor . . 252 

How  chosen   252 

Meeting  of  Electors 252 

Notice  of  election 251 

Pay  of  Electors 260 

Pay  of  Marshals 260 

Return   districts 252 

Vote  of  Electors 253 

When  chosen 251 

Primary  Elections: 

Adjusting  voting  machines 295 

Administering  oaths    284 

Affidavit  as  to  illegal  voting 291 

Appointment  officials  not  eligible  for  committees 276 

Arrangement  of  candidates'  names 281 

Assistance  to  voters  in  marking  ballots 284 

Ballot  book  holders 273 

Ballots  preserved 293 

Board  of  Primary  Commissioners,  compensation 275 

Bribery   292 

Candidates  to  be  nominated  at 273 

Canvass  of  votes 284 

Certifying  candidates    282 

Challenge 295 

25—22129 


386 

Page 

City  Board  of  Election  Commissioners  and  primary 278 

Clerks 276 

Committeemen  elected  by  ballot 277 

County  furnishing  supplies 290 

Declaration  of  candidates 279 

Declaration  of  independent  candidates 296 

Delegates  to  State  Convention 289 

Distinguishing  mark  on  ballot 292 

Destruction  of  property. 293 

Distribution  of  supplies 292 

Duties  of  Secretary  of  State 284-  285 

Duties  of  State  Central  Committee 286 

Election  affidavits  preserved 293 

Election   Laws  in  force 296 

Election  of  precinct  committeemen '. 277 

Election  precincts  277 

Failure  of  Inspector  to  appear 291 

Form  of  ballot 280 

Form  of  marking  ballot 280 

Formulation  of  party  platform 286 

Fraudulent  voting    290 

Furnishing  information  as  to  vote 293 

General  Laws  in  force 294 

Influencing  voters 292 

Informers  not  to  be  prosecuted 293 

Inspectors    276,  284 

Judges   ". .   276 

List  of  candidates  certified  to  clerk 282 

Names  on  ballot 281 

Naming  election  officials. 276 

Nominations  for  delegates  to  State  Convention 286,  287 

Nominees,  how  determined 284,  286 

Officers  furnishing  ballots,  fraudulent 291 

Officers  to  be  nominated 278 

Officials  to  be  nominated  at  State  Convention 287 

Organization  of  party  committees 274,  275 

Parties   affected 273 

Pay  of  election  officials 283 

Perjury 292 

Precinct  Committeemen,  organization 276 

Preferential  vote  for  Governor  and  United  States  Senator.  .273,  280 

Preferential  vote  for  President  certified 280,  286 

Preservation  of  voted  ballots 293 

Printers  secretly  giving  ballots 290 

Public  offenses 296 

Public  officials  neglecting  duty 293 

Publications   required    290 

Qualifications  of  voters 277 


387 

Page 

Registration  of  voters'  names 283 

Removal  of  election  supplies 291 

Repeating 290 

Rules,  etc.,  of  State  Committee 274 

Selection  of  party  committees 274 

Sheriffs   276 

State  Board  of  Canvassers 284 

State  Convention,  date  fixed 286 

Tally  sheets 284 

Tampering  with  election  officials 293 

Time  for  holding  primary. 277 

Votes  canvassed  296 

Voting  hours 283 

Voting  Machines 295 

Watchers  286 

Withdrawal  of  candidate 282 

Withdrawal  of  nominees  for  delegate 289 

Pro  tempore  appointments 121 

Public  hospitals,  special  elections 341-  343 

Qualifications  of  Electors 120 

Recount  of  Ballots: 

Adjournments  forbidden 205 

Certificate  of  recount 205 

Duties  of  Clerk  Circuit  Court 205 

How  conducted    204-6 

Pay  of  Clerk  Circuit  Court 205 

Pay  of  Commissioners 205 

Petition  for  204 

Proceedings  to  obtain 204 

Voting  machine   205,  206 

Registration    125-  140 

Adjournment  of  Board 128 

Applications,  how  made 130 

Auditor,  duties  of 40,  131,  132 

Board  of  Commissioners,  duties 126,  133 

Books  and  blanks,  forms  of 126 

Books  and  blanks,  disposition  of. 127 

Certificate  of  Board  in  books 126 

Certified  copies  of  book 131 

Challenges 133 

Change  of  name    131 

City  registration 133 

Clerks,  additional 131 

Clerks,  appointment  of 126 

Clerks,   duties   of 127 

Expenses 125 

False  registration 132 

Form  of  applications 129 


388 

Page 

Forms  of  notices : 127 

Hours    128 

How  to  register 130 

Indexing  names    126 

Inspector,  duties  127 

Inspector,  supplies  furnished  to 133 

Mail,  registration  by 130 

Meals  for  Board 127 

Moving  from  precinct 134 

Notice 127 

Oaths  of  officers 126 

Offenses 132,  136,  137 

Officers,  appointment   126 

Officers,  duties, 127 

Officers,  pay  of 131 

Permanent  registration,  1922 137 

Persons  entitled  to  register 128 

Petition  for  registration  session 138 

Place  of 127 

Police  powers  of  Board 132 

Precincts,  change  of,  date 125 

Rooms    127 

Sessions   126 

Signature  of  applicant 130 

Special  elections 136,  137 

Statement  of  expenses 125 

Statement  of  two  qualified  voters. 129 

Striking  names  from  registration  list 139 

Subscribing  names  of  others,  penalty 132 

Supplies  furnished 133 

Voter  defined,  male  and  female 128 

Voting  without,   unlawful 125 

When  held   126 

Where  held    127 

Who  may   128 

Women,  registration  of 131,  136 

Wrong  precinct 134 

Residence : 

How  lost    154 

Loss  of   154 

Resignation  of  Candidate: 

Vacancy    169 

Where  filed    169 

Resignation  of  nominees 169 

Sample  ballots    176 

School  Commissioners: 

Arrangement  of  ballots 335 

Classes  of  members 333 


389 

Page 

Filling  of  vacancy 336 

Names  on  voting  machines 335 

Nominations    334 

Organization  of  first  board 336 

Petition  for  nominations .  334 

Powers  vested  in 333 

Qualifications  of  members 334 

Terms  of  office 334 

Seamen : 

Do  not  acquire  residence  when 120 

Right  to  vote 120 

Secretary  of  State: 

Certifying  Constitutional  Amendment 202 

Certificate  of  election 200 

Certification  of  preferential  vote  for  President 286 

Certificate  of  vote  to 199 

Comparing  and  certifying  vote 200 

Duties  under  Primary  Law 286 

Duties  with  respect  to  election  of  United  States  Senators 255 

Duties  with  respect  to  Presidential  Electors 252 

Sheriff: 

Fees  in  contested  elections. 211 

Gives  notice  of  special  election. 201 

Giving  notice  of  election 154 

Meeting  and  canvassing  votes  for  members  General  Assembly.  .  199 

Soldiers: 

Do  not  acquire  residence  when 120 

Right  to  vote 120 

Special  Elections: 

Governor  orders   , 201 

How  conducted 202 

Notice  by  Sheriff 201 

When  held 201 

State  Board  of  Election  Commissioners: 

Appointment 165 

Delivery  of  ballots  to  Clerks  Circuit  Court 166 

Destroying  ballots 177 

Duties 166-  167 

Placing  names  of  candidates  on  ballots 167 

Sending  special  messenger  with  ballots. 176 

Time  of  receiving  resignations  of  candidates 172 

State  Central  Committee,  fixing  date  for  State  Convention 286 

State  Chairman,  nominating  members  State  Board  of  Election  Com- 
missioners      165 

State  Convention: 

Election  of  delegates 289 

Officials  to  be  nominated 286-  287 

State  office,  contest  for 207 


390 

Page 

State  ticket,  paster  ballots 182 

Superior  Court  Judges,  how  elected 168 

Tally  Papers: 

Delivery  to  Clerk  Circuit  Court , 195 

Township  election   202-  204 

Tally  Sheets: 

Primary  elections 284 

Tie  vote,  certificate  of  fact 197 

Tie  vote  for  legislators 199 

Time  for  holding  elections 154 

Town  Board  of  Election  Commissioners,  duties 301 

Town  Clerk,  election  duties 303 

Town  elections  (See  Municipal  Elections). 

Town    elections    299-  315 

Application  to  County  Commissioners 300 

Census   299 

Certificate  of  election 303 

Change  of  name 304 

Dissolution  proceedings 304 

Duty  of  Clerk  Circuit  Court 304 

Duty  of  County  Auditor 300 

Effect  of  incorporation  of  town  into  city .* 301 

Elections  boards  301 

Election  Inspectors 302 

Election  of  officers 302 

Election  precincts 302 

Eligibility  to   office 307 

Expenses 301 

Hearing  and  order 300 

Incorporation  as  city 307 

Notice  of  election 300 

Polls  open  how  long 301 

Qualifications  of  voters 307 

Survey  and  map 299 

Survey,  map  and  census  made  public 300 

Tie  vote    303 

Union  of  adjoining  towns 315-  321 

Vacancy  in  Board  of  Trustees 304 

Ward  boundaries 301 

Town  Marshal,  election  duties 192 

Township  Assessors: 

Term  commences  when 202 

Terms  of 202 

When  elected 202 

Township  elections 202-  204 

Ballots    203 

Canvass  of  votes 203 

Certificate  of  election 204 


391 

Page 

Contest 210 

Governed  by  General  Law 203 

Persons  elected  take  office,  when 202 

Tally  papers 203 

Tie  vote   203 

When  held   202 

Township  Trustee: 

Ex-officio  Inspector 158 

Term  commences,  when 202 

Terms  of    202 

When  elected   202 

Treasurer  Political  Committee   (See  Corrupt  Practices  Act). 

United  States  Senators: 

Certificate  of  election 255 

Disabilities    118-  121 

Duties  of  Clerk  of  Circuit  Court  respecting  election  of 254 

Duties  of  Secretary  of  State  with  respect  to  election  of 255 

Election    254 

General  Election  Laws  to  govern  elections  for 254 

Manner   of   election 254 

Notice  of  election 255 

Preferential  vote  for 254,  273 

Temporary  method  of  nomination  and  election 253 

Vacancy  is  filled  how 255 

Unvoted  ballots,  destruction 177 

Vacancies  in  Nominations: 

How  filled 172 

After  ballots   printed 172 

Vice-President  of  United  States,  how  elected 119 

Voters : 

Affidavit  when  challenge'd * 178 

Announcing  name  to  Poll  Clerks 180 

Challenged  where  178 

Manner   of   voting 180 

Number  in  polling  place  at  same  time 180 

Qualifications  at  municipal  elections 307 

Qualifications  to  register 128 

Qualifications  to  vote  at  primary 277 

Registration  of  absent 130 

Rights  under  United  States  Constitution 118 

Voting,  length  of  time  to  remain  in  booth 181 

Voting  Machines: 

Announcement  of  result 266 

Ballot  labels    263 

Commission  259 

Conduct  of  voter 265 

Construction  and  arrangement 260 

Custody   of  keys 19,  267 


392 

Page 

Duties  of  Inspectors 264 

Election  rooms 262 

Examination   of  machines 259 

Experimental  use 19,  269 

False   affidavit 268 

False  returns    269 

Illiterate  voters    263 

Injuring  machines  or  ballots 267 

Irregular  ballots    265 

Locking  machines 19,  266 

Officers,  neglect  of  duty 267 

Officers  tampering  with  machines 268 

Opening  for  recount 212 

Paying   for   machines 262 

Penalty  for  accepting  bribe 262 

Precinct  boundaries   156-  157 

Primary  elections 295 

Printing  ballots  when 270 

Purchase  of 261 

Recording  roll 267 

Recount  of  vote 213 

Report  of  Commission  to  Secretary  of  State 259 

Sample  ballots 263 

School  Commissioners   262 

Tampering  with  machines 268 

Time  of  recount 213 

Use  by  cities  and  towns,  city  elections,  using  voting  machines .  .  269 

Using  distinguishing  marks 268 

Voting  rooms,  provided  by  County  Commissioners 158 

War  Memorials,  Special  Election 339-  341 

Withdrawal  of  candidates  under  Primary  Law 232 

Witnesses,  compelling  attendance  before  Board  of  Convassers 198 


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THE  UNIVERSITY  OF  CAUFORNIA  UBRARY 


